Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When co-owners cannot agree on how to use or sell inherited real estate, Arizona law allows one owner to file a partition action. Under ARS §12-1201, any real property held by two or more persons as tenants in common or joint tenants “may be partitioned.” A partition action asks the court to divide the property fairly.
The court first considers whether it can divide the land physically so each owner retains a portion. If an in-kind division is not practical or would damage the property’s value, the court orders a partition by sale. Under ARS §12-1206, the court directs a public sale and divides proceeds among co-owners according to their ownership shares.
To start a partition action, the initiating co-owner files a complaint in the superior court of the county where the property is located. The complaint names all co-owners as defendants and describes the property, each owner’s share, and the requested relief. The court issues service of process, and the co-owners can respond with objections or counterclaims.
After hearings and potential mediation, the court issues a judgment. It either splits the property into separate parcels or orders its sale. The clerk conducts the sale under court supervision, often through a public auction. Sale proceeds, minus costs and fees, go into the court registry or are distributed directly to co-owners.
Citing Arizona Statutes:
- ARS §12-1201 (Right to partition real property)
- ARS §12-1206 (Partition by sale)
Helpful Hints
- Review any existing co-ownership agreement for buy-out or sale clauses.
- Obtain an independent property valuation before filing suit.
- Consider mediation to avoid court delays and costs.
- Gather all title documents and inheritance records in advance.
- Understand that court-ordered sales can take several months to complete.
- Consult a real estate attorney to assist with pleadings and court procedures.