Detailed Answer
When two or more people inherit real property together, Arkansas law lets any co-owner force a sale through a partition action. Under Arkansas Code Title 18, Chapter 11, co-owners can ask the circuit court to divide property physically or, if dividing on the ground isn’t practical, to sell it and split the proceeds.
1. Who Can File a Partition Suit?
Any co-tenant (owner) of real estate can file. Ark. Code Ann. § 18-11-201 grants standing to those with a legal interest in the property.
2. Where and How to File
File a petition in the county where the property lies. Include:
- A legal description of the land.
- Names and addresses of all co-owners.
- A request for partition or sale.
Service of process must follow Ark. R. Civ. P. 4. Ark. Code Ann. § 18-11-203 outlines notice requirements.
3. Partition in Kind vs. Partition by Sale
The court first determines if it can divide the land physically (partition in kind). If dividing fairly impairs value or use, the court orders a partition by sale. See Ark. Code Ann. § 18-11-208. In that event:
- The court appoints commissioners to appraise and sell the property (§ 18-11-206).
- After sale, net proceeds go to co-owners according to their ownership share (Ark. Code Ann. § 18-11-209).
4. Timeline and Costs
A partition action can take several months, depending on court schedules and appraisal. Co-owners share court costs, appraisal fees, and any commission to the commissioners.
Helpful Hints
- Gather deeds, wills, and title documents before filing.
- Consider mediation to avoid court costs and delays.
- Get a professional appraisal to support fair market value.
- Maintain clear communication with co-owners throughout the process.
- Consult a real estate attorney to navigate procedural rules and deadlines.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.