Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
Under Arkansas law, co-owners of real property may ask the circuit court to divide the land when they cannot agree on its use or sale. The process is governed by the Arkansas Code, Title 16, Chapter 64: Partition of Realty.
1. Determine Eligibility
Any co-owner with an ownership interest may file a partition action. Interests include deeded title, life estates, or undivided shares.
2. Prepare the Petition
The petition must state: the land’s legal description; names and addresses of all co-owners; the nature and extent of each interest; and the relief sought (partition in kind or sale). See Ark. Code Ann. § 16-64-201 (link).
3. File in the Correct Court
File the petition in the circuit court of the county where the land lies. Pay the applicable filing fee.
4. Serve All Co-Owners
Serve each co-owner with the petition and summons per Rule 4 of the Arkansas Rules of Civil Procedure. Methods include personal delivery, certified mail, or publication if a party cannot be located.
5. Respond to Defenses and Counterclaims
Co-owners have 30 days to answer. They may contest the legal description, valuation, or request a sale instead of a physical division.
6. Court-Appointed Commissioners
If requested by parties or deemed necessary, the court appoints commissioners to survey the property and propose a fair division. See Ark. Code Ann. § 16-64-217 (link).
7. Hearing and Final Order
After reviewing the commissioners’ report, the court holds a hearing. The judge then orders a partition in kind or directs a sale and divides the proceeds among co-owners.
Helpful Hints
- Obtain the precise legal description from deeds or a title company.
- Identify and locate all co-owners early to avoid delays in service.
- Consider a partition in kind (physical split) to preserve value in high-demand areas.
- Hire a licensed surveyor to assist commissioners in dividing the land.
- Consult a qualified attorney if disagreements arise over valuation or interests.