Arizona: How to File a Partition Action to Force Sale or Buyout of a Co-Owner's Share | Arizona Partition Actions

Detailed Answer — How a partition action works under Arizona law

If you and your sibling own your parents’ house as co-owners (for example, as tenants in common), and you cannot agree on what to do with the property, Arizona law allows a co-owner to ask the court to force a division of the property by filing a partition action. A partition action can result in either a physical division of the land (partition in kind) or a sale of the property with a division of the sale proceeds among the owners. The court will choose the approach that is fair and practicable under the facts.

Key legal framework and where to look

Partition actions are civil actions handled in Arizona superior courts. For statutory language governing civil procedure and remedies, begin with the Arizona Revised Statutes (Title 12) and the Arizona courts website for local filing rules and forms:

Who can start a partition action?

Generally any co-owner of real property — including joint owners, tenants in common, or persons who hold an ownership interest shown in title records — may file for partition. A mortgage lender or other lienholder with an interest in the property also may have rights that the court must respect.

Typical step-by-step process

Confirm ownership and collect documents. Gather the deed(s), title report or chain of title, mortgage statements, recent property tax bills, and any written agreements among owners. Determine each owner’s fractional interest and whether any liens exist.
Try to resolve it first. Courts expect parties to try to resolve disputes. Send a written proposal offering a buyout, sale, or mediation. An agreed buyout or listing for sale avoids litigation costs and often yields a quicker, higher net result.
File a complaint for partition in superior court. If talks fail, file a complaint (sometimes titled “Complaint for Partition” or “Complaint to Partition Real Property”) in the Arizona superior court in the county where the property lies. The complaint names all owners and any lienholders as parties and asks the court to partition the property or order sale and distribution of proceeds.
Serve all interested parties. The plaintiff must properly serve summons and the complaint on all co-owners and known lienholders. The court will not proceed until parties are given notice and an opportunity to appear.
Defenses, claims, and joinder of parties. Owners can respond with an answer, asserting claims (for example, that the property should be assigned differently or that their contributions justify an unequal split). The court may allow additional necessary parties to be joined.
Court evaluation and possible appointment of a commissioner. The court reviews property facts and may order an appraisal. If the property cannot be divided fairly or division would be impractical (for example, a single-family house on one lot), the court commonly orders sale. Courts frequently appoint a commissioner or special master to manage the sale process and report back to the court.
Sale, distribution of proceeds, or allotment. If the court orders sale, the appointed official sells the property (often by public auction or commission sale). Sale proceeds first pay costs, liens, unpaid taxes, and mortgages; remaining funds are distributed among owners according to their ownership interests as the court determines. If the court orders partition in kind, it will allocate portions of the land to the co-owners; when the property cannot be physically divided equitably, the court normally orders sale.

How to force your sibling to buy you out

The court will not typically force a co-owner to personally purchase your share out of pocket. However, the court can:

order partition in kind and assign the house to one owner while awarding a money judgment or lien against that owner to compensate the other co-owners; or
order a sale and permit an owner to purchase the property at the sale (often a public auction) so that the purchasing owner effectively buys out the others; or
approve an agreed buyout if the other owner consents (you can present a buyout proposal to the court as part of settlement documentation).

To increase the chance of a buyout, present a reasonable valuation (a current appraisal helps) and a short deadline. Courts are more likely to approve sale procedures that allow an owner to bid or to set a price at which an owner may redeem or purchase the property.

Practical points about timing, costs, and outcome

Partition cases can take many months and sometimes over a year, depending on contested issues, appraisal needs, and sale scheduling.
Expect court costs, filing fees, service costs, appraisal fees, and attorney fees if you hire counsel. Those costs typically come out of sale proceeds or are apportioned by the court.
If there is a mortgage, the loan remains attached to the property. The court will handle payoff or allocation of responsibility as part of the distribution of sale proceeds.
A forced sale can reduce the final price compared with a voluntary market sale. That is why mediation or an agreed sale often produces better net results for owners.

When to involve an attorney

Consider hiring a lawyer if ownership facts are complex, liens or mortgages exist, a party refuses to cooperate, or you want to pursue a strategic buyout. An attorney can prepare pleadings, represent you at hearings, propose sale procedures, and protect your share of proceeds. You can also look for free or low-cost legal help through local legal aid organizations or the Arizona State Bar referral services.

Helpful links

Disclaimer: This article explains general Arizona law and is for educational purposes only. It does not constitute legal advice. Every case has unique facts; consult a licensed Arizona attorney before taking action.

Helpful Hints

Before filing, get a current, written appraisal so you know the property value and can make a reasoned buyout offer.
Document any payments you made for the property (mortgage, taxes, repairs). The court may consider contributions when dividing proceeds.
Try mediation or a professional sale through a broker first — agreed sales usually net more than forced sales.
Check title and liens early. A mortgage or judgment can reduce your share of proceeds and complicate settlement.
If you want the house rather than cash, prepare evidence of your ability to refinance or assume the mortgage so the court or other owners can evaluate a buyout proposal.
Keep clear records of communications and any written settlement offers — courts will consider reasonable efforts to resolve the dispute.
Ask the court clerk or visit the Arizona Judicial Branch website for local filing requirements and fee schedules before you file.