Detailed answer — step by step under Arizona law

1. Confirm your ownership type and your goal

Start by confirming how title is held: joint tenancy with right of survivorship, tenancy in common, or some other arrangement. Co-owners who are not spouses are typically tenants in common. Tenants in common each hold an individual share that they can force a partition of. If you want the cash rather than possession, request a partition by sale.

2. Statutory basis

Arizona law permits a co-owner to bring a partition action to divide or sell the property. See Arizona’s partition statutes for the court’s authority and the procedures that follow. (Example statutory reference: A.R.S. § 12-1101 et seq.) For general Arizona court rules and forms, see the Arizona Judicial Branch self-help pages.

Helpful statute links:

• Arizona Revised Statutes, Title 12 (Courts and Civil Procedure)
• Arizona Judicial Branch — Self-Help & Forms

3. Prepare the partition complaint

Your complaint should state facts describing the property (legal description), the names and addresses of all owners and interested parties (mortgage holders, lienholders), each owner’s claimed interest, and the relief you want (partition in kind or sale). Ask the court to appoint referees or commissioners if needed to value and sell the property.

4. File the complaint in the correct court and pay fees

File in the county superior court where the property is located. Pay the court filing fee and follow local court rules for civil filings. If you cannot afford the fee, ask the clerk about fee-waiver (in forma pauperis) procedures.

5. Serve the other co-owner(s) and interested parties

After filing, have the complaint and summons properly served on your sister and any other interested parties (mortgagees, lienholders, lessees). Proper service is essential to the court acquiring jurisdiction over those parties.

6. Possible interim relief

You may ask the court for temporary orders to protect the property during litigation — for example, to stop your sister from removing fixtures, to require payment of mortgage taxes, or to appoint a receiver to collect rents. If you fear destruction or removal of property, seek immediate injunctive relief.

7. Court process: partition in kind or partition by sale

The court will consider whether the property can be physically divided (partition in kind). If division isn’t practical or would be unfair, the court will order a sale and divide proceeds after paying liens and costs. The court may appoint commissioners or a referee to appraise the property, conduct a sale, and report back to the court.

8. Addressing liens, mortgages, and costs

Existing mortgages and liens remain on the land until paid. The court-ordered sale proceeds pay off liens first, then costs (including referee/commissioner fees and attorney fees if awarded), and then the net balance is split among owners according to ownership percentages or court determination.

9. Timeline and likely expenses

A partition case often takes several months; contested matters can take a year or more. Expect court filing fees, service costs, appraisals, referee or broker fees, and potentially attorney fees. The court can allocate costs and fees in the final distribution.

10. Alternatives to litigation

Before or during a partition action you can pursue alternatives: buy-out offers, mediation, listing the property for sale by agreement, or negotiating allocation of maintenance costs and sale proceeds. Courts often encourage settlement to reduce expense.

11. Example hypothetical timeline (illustrative)

Hypothetical facts: You and your sister each own 50% of a family house. She declines to sell or sign a quitclaim deed.

1. Month 0: You file a partition complaint in the county superior court and serve your sister and the mortgage holder.
2. Month 1–2: Preliminary motions — possibly a temporary order for property preservation or receiver appointment.
3. Month 2–5: Court appoints a commissioner/referee to appraise property; parties attempt mediation.
4. Month 6: If no agreement, the court orders sale; commissioner or broker sells the property.
5. Month 7–9: Sale closes; liens and costs are paid; proceeds distributed by court order.

12. Practical tips when your co-owner refuses to cooperate

• Document all communications and offers. Written records help in court.
• Gather key documents: deed, mortgage statement, property tax records, leases if rented, insurance, and any prior agreements between owners.
• Consider a written buy-out offer before filing; courts view good-faith settlement attempts favorably.
• If the co-owner is damaging property or removing fixtures, seek emergency injunctive relief promptly.

13. When to get an attorney

Consider hiring an attorney if the case involves complicated title issues, multiple lienholders, contested ownership shares, or if your co-owner resists service or files counterclaims. An attorney can prepare pleadings, represent you in hearings, and protect your share of proceeds.

Important statutory reference reminder: Partition procedures and remedies are governed by Arizona statutes and court rules. See Arizona Revised Statutes, Title 12 (Courts and Civil Procedure) for partition-related provisions: https://www.azleg.gov/arsDetail/?title=12. For court forms and local filing information, check the Arizona Judicial Branch self-help pages: https://www.azcourts.gov/Self-Help.

Helpful Hints

• Identify all owners and lienholders before filing. Missed parties can delay the case.
• Include the property’s legal description in the complaint (from the deed or county recorder).
• Ask about a receiver if the property generates income or is deteriorating.
• Bring mortgage and tax payment records to show obligations paid or unpaid.
• Consider mediation early — it’s often faster and cheaper than litigation.
• Keep careful records of who paid what (repairs, mortgage, taxes) — the court may account for advances when dividing proceeds.
• If you are low-income, ask the clerk about fee waivers and self-help resources on the Arizona courts site.