Disclaimer: I am not a lawyer. This article explains how a partition-for-sale action commonly works in Arizona and is for educational purposes only. It is not legal advice. Consult a licensed Arizona attorney for advice about your specific situation.
Detailed Answer — How to file a partition-for-sale action in Arizona when some co-owners refuse to sell
When you and your siblings inherit land and one or more minority co-owners refuse to sell, Arizona law allows any co-owner to force a partition of the property. A court can either divide the property physically among co-owners (partition in kind) or order the property sold and divide the proceeds (partition by sale). If dividing the land fairly is impractical or would greatly reduce value, the court typically orders a sale. The statutory framework for partition actions is in the Arizona Revised Statutes governing civil actions; see A.R.S. Title 12 for the statutes that control partition actions: https://www.azleg.gov/arsDetail/?title=12.
1. Confirm ownership and type of co-ownership
Start by confirming how title to the inherited land is held. Inherited property usually results in tenants in common (each owner holds a fractional share) unless a deed, will, or other document created a joint tenancy or other arrangement. Knowing each person’s percentage share determines how sale proceeds will be divided.
2. Try an amicable resolution first
Court actions are costly and slow. Before filing, send a clear written demand to the non-consenting sibling(s) proposing options: a market-price buyout, listing the property for sale and splitting proceeds, or mediation. Keep records of offers and refusals—courts like evidence that parties tried to resolve disputes without litigation.
3. Prepare to file a partition complaint in Arizona Superior Court
If negotiation fails, file a complaint for partition in the superior court of the county where the property sits. The complaint typically includes:
- Identification of the property (legal description)
- Names and service addresses of all co-owners and interested parties (mortgage holders, lienholders, heirs)
- Statement of each party’s claimed ownership interest
- Request that the court award partition in kind or, if that is impractical, order partition by sale
- Request for appointment of commissioners or an order authorizing the sheriff/commissioner to sell the property
4. Service and joinder of all interested parties
You must serve the complaint and summons on every co-owner and any other party with a recorded interest (mortgage, lien). If a party cannot be located, Arizona law provides procedures (such as service by publication) to make them parties to the case.
5. Appraisals, partition in kind analysis, and hearing
After filing, the court may order an appraisal or ask experts to report on whether the property can be divided without prejudice to value. If the court finds the land can be fairly divided, it may order a partition in kind allocating specific parcels or allotments to owners consistent with their shares. If division would be unfair, wasteful, or impracticable, the court will order partition by sale.
6. Appointment of commissioners and sale process
If the court orders a sale, it commonly appoints commissioners (or a special master) to sell the property, or it may authorize a public sale through sheriff’s sale or a private sale under court supervision. The court supervises notice, bidding procedures, and confirmation of the sale. Proceeds are held by the court or clerk pending distribution.
7. Accounting and distribution of proceeds
Before distribution, the court will resolve claims for credits or reimbursements. Common adjustments include:
- Payments made by one co-owner for mortgage, taxes, insurance, or necessary repairs
- Costs of sale (commissions, appraisals, court costs)
- Improvements with demonstrable increased value (may require an accounting)
After resolving offsets, the court distributes net proceeds according to the owners’ ownership percentages.
8. Possible outcomes and appeals
Typical outcomes are: (a) physical division of the property, (b) a court-ordered sale with proceeds divided, or (c) a negotiated buyout. Any party unhappy with the judge’s decision can appeal under Arizona appellate rules within the time allowed for appeals.
9. Timeline and costs (typical)
Expect a partition action to take several months to over a year, depending on contested issues, appraisal and sale timing, and appeals. Costs include filing fees, service fees, appraisal and survey costs, court-appointed commissioner fees, title clearing, and attorney fees if you hire counsel. Courts sometimes award costs or attorney fees in equitable cases, but not always.
Statutory references and resources
Arizona’s partition statutes and related civil procedure rules apply; consult A.R.S. Title 12 for statutes governing civil actions and partition matters: https://www.azleg.gov/arsDetail/?title=12. For court forms, local filing rules, and county-specific procedures, check the Arizona Judicial Branch website for the superior court in the county where the property sits: https://www.azcourts.gov/.
Helpful Hints
- Verify ownership: pull the recorded deed(s), probate documents, and a title report early. Know each sibling’s legal share before filing.
- Send a formal written demand to sell or buy out the dissenting sibling before filing. Courts prefer parties attempt resolution first.
- Consider mediation: a neutral mediator can often produce a buyout or sale agreement without court expense or delay.
- Get at least one current market appraisal before filing to support your position that sale is preferable to partition in kind.
- Keep meticulous records of payments you make for taxes, mortgage, insurance, or improvements—these can affect distribution of sale proceeds.
- Budget for costs: filing fees, service, appraisal, survey, potential repair costs required by buyers, and legal fees.
- Clear title issues early—mortgages, mechanic’s liens, or other clouds can complicate or delay sale.
- Talk to an Arizona real property attorney for a case-specific strategy and to draft and file the complaint correctly.
Remember: this is general information about how partition-for-sale actions typically proceed in Arizona and is not a substitute for personalized legal advice. For help with the particular facts of your inherited property and siblings’ dispute, consult an Arizona attorney.