Detailed Answer — Step-by-step overview under Arizona law

This section explains the usual steps when owners of farmland in Arizona cannot agree about continued co‑ownership and one or more owners seeks to divide the land or force its sale. Arizona law allows a judicial partition action to physically divide property (partition in kind) or to sell it and divide the proceeds (partition by sale). See Arizona Revised Statutes on partition actions: A.R.S. Title 12 (Courts and Civil Procedure), particularly the statutes governing partition actions.

1. Confirm the type of co-ownership and your goals

Owners commonly hold real property as tenants in common or joint tenants. Tenancy in common is most common for farmland sold or inherited by multiple people. Ask: do you want a physical division of the land (each owner gets a portion) or do you want the land sold and the money divided? A partition lawsuit can seek either remedy.

2. Try negotiation, buyout, or mediation first

Courts expect parties to try to resolve disputes before litigation. Typical alternatives are:

• One owner buys the other owner(s) out at an agreed price.
• Owners hire a neutral appraiser and divide the land based on value.
• Mediation to reach a settlement about division, sale, or long‑term management.

These options save legal fees and preserve farm operations.

3. File a partition action in Arizona Superior Court

If negotiations fail, an owner can file a partition complaint in the Superior Court of the county where the farmland sits. The complaint must name all co‑owners with an interest in the property and any known lienholders. The court provides service and the normal civil process.

4. Preliminary relief and preservation of the land

A plaintiff can ask the court for temporary relief to protect the farm during litigation. Examples include asking the court to:

• appoint a receiver to manage the property;
• restrict cutting crops, selling property, or removing equipment;
• require accounting for rents, crops, or farm income.

5. Appraisal, accounting, and claims by other parties

The court often orders appraisals to determine fair market value and may require an accounting of income, expenses, and improvements. Lienholders (mortgagees, judgment creditors) may file claims that affect net proceeds. The court resolves claims and credits (for example, if one owner paid all taxes or made improvements, the court may credit that owner before division).

6. Partition in kind vs. partition by sale

Arizona courts prefer partition in kind (physically dividing the land) when it is practicable and equitable. If the land cannot be fairly divided without undue prejudice to the owners (for example, a single irrigated parcel that cannot be split without destroying utility), the court may order a partition by sale. Whether the court orders division or sale depends on:

• the nature, shape, and improvements on the land;
• agricultural uses and irrigation and access issues;
• the relative values of the shares and whether division would result in unequal parcels;
• any agreement among owners limiting partition.

7. Sale procedure and distribution of proceeds

When the court orders a sale, it typically appoints a commissioner or referee to handle the sale. The sale may be public auction or court‑approved private sale. After sale, the court deducts costs of sale, unpaid taxes, lien payments, and any credits the court ordered, then distributes the net proceeds to the owners in proportion to their ownership shares.

8. Handling improvements, contributions, and offsets

Court will account for contributions made by co‑owners (improvements, taxes, mortgage payments). If one owner invested more, the court may grant an equitable setoff or adjust distributions. Waste (damage or removal of assets by a co‑owner) can affect relief and result in damages to the harmed owner.

9. Timeline, costs, and practical consequences

Partition actions can take months to years, depending on complexity. Costs include filing fees, attorney fees, appraisal fees, and sale costs. The court may award attorney fees in limited circumstances if a contract or statute authorizes it, but typically each party pays its own fees unless the court orders otherwise.

10. Other legal issues to watch for

• Creditors and mortgages: liens must be paid from sale proceeds or otherwise resolved.
• Conservation easements, grazing leases, and government program enrollments: these can restrict division or sale and affect value.
• Heirs’ property and unclear title: quiet title actions may be necessary before effective division or sale.
• Tax consequences: sale may trigger capital gains; consult a tax advisor.

For statutory guidance on partition actions, see the Arizona Revised Statutes governing partition matters: https://www.azleg.gov/arsDetail/?title=12

Illustrative hypothetical

Suppose three siblings own 240 acres as tenants in common. Two siblings want to sell, and the third wants to continue farming. They first try mediation but cannot agree. One sibling files a partition action in the Superior Court where the land lies. The court orders an appraisal and finds the land cannot be fairly split into three workable 80‑acre parcels because irrigation infrastructure would be destroyed. The court orders a partition by sale, appoints a commissioner to sell the farm at public auction, directs payment of existing mortgage and sale costs, and divides the net proceeds in thirds, crediting one sibling for paying property taxes during the dispute.

Helpful Hints

• Talk to a local Arizona real estate attorney before suing. Early legal advice can save money and preserve value.
• Get written appraisals and keep receipts for improvements, taxes, and expenses to support credit claims in court.
• Consider mediation or a buyout first — litigation is costly and often destroys farm value.
• Check for liens, easements, and program enrollments (e.g., NRCS, FSA) that affect sale or division.
• Ask the court about appointing a receiver if the property needs protection (e.g., to prevent crop removal, preserve irrigation).
• Budget for appraisal, court, and sale costs and understand those costs come off the top of sale proceeds.
• Remember taxes: selling farmland can create capital gains; consult a tax professional early.
• If title is unclear (family transfers without deeds), consider a quiet title action before or combined with partition.