How does a partition action work to resolve a dispute among multiple owners in Arizona? | Arizona Partition Actions

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

State: Arizona

Detailed Answer

Under Arizona law, a partition action resolves disputes among co-owners of real property when they cannot agree on possession, management, or sale. Each owner retains an undivided interest, but disagreements may block decision-making. In such cases, one owner can seek court intervention to divide or sell the property.

Who May File

Any person holding an undivided interest in the property—joint tenants, tenants in common, or co-owners—can file a partition action. They must prove ownership and show an inability to reach agreement with the other parties.

Filing the Complaint

The complaint initiates the action. It names all co-owners, describes the property, and states each party’s interest. The court issues summons, and co-owners must respond within the timeframe set by Arizona Rules of Civil Procedure.

Partition Options

Partition in Kind: The court physically divides the land into separate parcels proportional to each owner’s share. See A.R.S. §12-1102: link.
Partition by Sale: If physical division is impractical, the court orders a sale and distributes proceeds to owners based on their ownership percentage. See A.R.S. §12-1103: link.

Commissioners and Report

The court appoints commissioners—neutral parties who survey and evaluate the property. They inspect the land, assess value, and recommend whether to divide or sell. They file a report with proposed divisions or sales terms.

Court Hearing and Decree

Parties may file objections to the commissioners’ report. The court holds a hearing, considers evidence, and issues a decree ordering either division or sale. That decree finalizes ownership boundaries or sale procedures.

Sale and Distribution

If the court orders a sale, it sets terms, including listing price and sale process. After sale, the court deducts costs, commissioner fees, and any approved expenses, then distributes net proceeds among owners according to their ownership interests.

Helpful Hints

Review your deed to confirm your ownership percentage and any co-ownership agreements.
Gather all property records: title reports, surveys, and expense receipts.
Consider mediation or negotiation before filing to save time and costs.
Understand potential fees: court costs, commissioner fees, and attorney fees.
Consult a real estate attorney to ensure you meet all procedural requirements and protect your interests.