Detailed answer — how the law typically handles an uncooperative co-owner in Arizona

Quick overview

If several people inherit real property in Arizona, they commonly end up as tenants in common unless the deed says otherwise. Any tenant in common generally may ask a court to divide the property or order a sale through a civil lawsuit called a partition action. A court can force a sale even if one co-owner refuses to list or sell the property voluntarily.

Legal basis

Arizona law provides procedures for partition actions in the civil code (see Arizona Revised Statutes, Title 12). A partition action asks the Superior Court to either divide the land physically (partition in kind) or to sell it and divide the proceeds (partition by sale). For statutory text and details on civil actions in Arizona, see: Arizona Revised Statutes, Title 12 (Civil Actions).

Who may file

Any person who holds legal title or an interest in the parcel may file a partition action. That typically includes heirs who received the property through a will or intestacy, beneficiaries, or anyone listed on the deed. The plaintiff must name all co-owners and anyone else with an interest (for example, mortgage holders or judgment lienholders).

What the court can order

• Partition in kind: The court splits the parcel physically into separate lots when a fair division is practical and each portion can be used independently.
• Partition by sale: When physical division is impractical or would significantly reduce value, the court orders sale of the whole parcel and divides the net proceeds among owners according to their ownership shares. Courts frequently appoint a commissioner or special master to handle a judicial sale.
• Costs and liens: The court will typically deduct valid liens, taxes, and sale costs before dividing net proceeds. The court can also apportion costs of partition between parties.

Typical court process (step-by-step)

1. Prepare and file a complaint: The complaint for partition names all owners and holders of recorded interests and describes the property and ownership shares.
2. Service and response: All parties receive notice and can contest the complaint. If someone does not respond, the court can proceed as allowed by law.
3. Pretrial issues: The court may order mediation, an accounting, or inspections. Parties can present evidence about how the land can best be divided or its market value.
4. Hearing / order: If the court finds a partition in kind impractical, it will order sale and appoint a commissioner or direct a sheriff’s sale according to court rules.
5. Sale and distribution: The property is sold. After payment of liens, taxes, and sale costs, the court awards proceeds in proportion to ownership shares.

Practical considerations and timing

Expect several months to over a year for a contested partition action. The timeline depends on court calendars, the complexity of title issues, and whether the parties settle. Costs include filing fees, attorney fees, appraisal fees, and the costs of sale. A forced sale may yield a lower price than an agreed-to market sale, but it resolves deadlocks.

When a co-owner actively refuses to cooperate

Refusal to list the property or to sign sale documents does not prevent a partition action. Courts can proceed over an uncooperative co-owner’s objections. However, an uncooperative party can delay the process by raising legal defenses—challenging title, asserting liens, or claiming homestead/exemptions—so expect contested litigation if disputes exist.

Other legal issues to watch for

• Title disputes or defects and unrecorded interests can complicate a partition action.
• If the property is partially encumbered by a mortgage, the lender’s rights remain and will usually have to be satisfied or assumed on sale.
• If the co-owner claims the property was held in joint tenancy (with right of survivorship) instead of tenancy in common, the court will examine the deed and facts controlling survivorship rights.

Alternatives to court

Before filing suit, you may try less costly options:

• Negotiate a buyout where one co-owner buys the other’s share at fair market value.
• Use mediation or neutral valuation to reach an agreed sale price and sell through a realtor.
• Enter a partition agreement that sets terms for sale or division outside court.
• List the property with a realtor on terms that address holdout concerns (e.g., specified minimum price and timelines).

When to hire an attorney

Consider hiring an attorney when:

• Title is unclear or liens exist.
• Co-owners are hostile or litigation appears likely.
• Significant value, complex property, or tax issues are at stake.

An attorney can prepare and file the partition complaint, handle service on all parties, negotiate settlements, and represent you at hearings. The court may award attorney fees in limited circumstances depending on the facts and statutes.

Key statute resources

Arizona’s civil procedure statutes govern partition actions. For statutory reference and general text of Arizona civil statutes, see: Arizona Revised Statutes, Title 12 (Civil Actions). For local court rules and filing procedures, visit the Arizona Judicial Branch: azcourts.gov.

Helpful Hints

• Document ownership: Gather deeds, wills, trust documents, and any recorded title documents before contacting an attorney.
• Get an appraisal early: A current market appraisal helps with buyout offers and court valuation.
• Talk first: Try a frank conversation or mediation before filing suit. A negotiated sale often saves time and money.
• Name everyone: If you file, name all possible interested parties, including lienholders, to avoid later delays.
• Expect costs: Budget for court fees, appraisal, legal fees, and sale costs. Courts may allocate some costs but typically not all.
• Check for homestead or exemptions: A co-owner may claim exemptions that affect how proceeds are distributed—consult counsel.
• Consider tax consequences: Sales generate capital gains and other tax issues—consult a tax professional.
• Use a local attorney: Local counsel will know the county court’s practical procedures and timelines.