Detailed answer — step‑by‑step guide to a partition action in Arizona

When one co‑owner of inherited real property will not cooperate, Arizona law lets the other owner(s) ask the superior court to divide the property or sell it and divide the proceeds. This remedy is called a partition action. Below are the practical steps you will typically follow, with what to expect at each point.

1) Confirm ownership and how title is held

Start by locating the deed(s), the decedent’s will or trust, and any probate paperwork. Determine whether the property is held as joint tenancy (right of survivorship) or tenancy in common. Most inherited property ends up with owners as tenants in common, which allows a cotenant to seek partition. If the property is still in probate, the personal representative or the court may need to resolve title issues before or during a partition action.

2) Try informal resolution first

Court cases are expensive and slow. Before filing, send a clear written demand for partition or an offer to buy out the co‑owner’s share. Offer mediation or neutral appraisal. Keep a dated record of communications — courts view a good‑faith settlement effort favorably.

3) Prepare and file the complaint in superior court

If settlement fails, file a partition complaint in the Arizona Superior Court in the county where the property is located. The complaint should:

• Identify the property by legal description (from the deed)
• Name all persons with a recorded or known claim to the property (all cotenants, lienholders, mortgagees, and other claimants)
• State each party’s claimed ownership interest
• Ask the court to partition the property in kind (divide the land) or, if that is impractical, to order a sale and divide the proceeds

Attach copies of deeds, the death certificate if inheritances are involved, and any probate documents you have.

4) Serve all interested parties and disclose claimants

After filing, serve the complaint and summons on every named defendant and any unknown claimants per court rules. If anyone cannot be located, the court allows substituted service or publication in some cases. All lienholders must be included; otherwise their interests remain on title.

5) Interim relief (if needed)

If a cotenant is damaging the property, trying to sell it, or committing waste (removing fixtures, letting the property fall into disrepair), you can ask the court for temporary orders. These might include injunctions to stop waste, orders for an accounting of rents and profits, or exclusive possession of the property pending final resolution.

6) Discovery, appraisal, and valuation

Parties exchange information and often obtain one or more appraisals. The court may order a professional appraisal to determine fair market value. If division in kind is sought, surveyors or engineers may be needed to show feasible boundaries.

7) Partition in kind or partition by sale

The court will determine whether a physical division (partition in kind) is practical without unduly harming the property’s value. If the property cannot be fairly divided (common with homes or small lots), the court will order a sale. Some courts appoint a commissioner or special master to carry out the sale and report back to the court.

8) Distribution of proceeds

Sale proceeds are distributed according to the ownership shares after payment of liens, mortgages, court costs, sale costs (commissioner fees, appraisal, advertising), and any court‑ordered adjustments (for contributions to improvements or payment of debts). The court’s final judgment will specify the exact distribution.

9) Final judgment and clearing title

When the court enters its final decree, it will direct the proper conveyance or the distribution of sale proceeds. Record the judgment to clear title and allow subsequent transfers.

Where to find the governing law

Arizona statutory and court procedure control partition actions. Relevant materials include the Arizona Revised Statutes (Title 12 covers actions and proceedings) and local superior court rules and forms. For statutes and statutory context, see the Arizona Revised Statutes, Title 12: https://www.azleg.gov/arsDetail/?title=12. For probate issues that often overlap with partition cases, consult Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14. For self‑help information, local filing rules and forms, check the Arizona Judicial Branch site: https://www.azcourts.gov/selfservice/.

Typical timeline and costs

Expect several months to more than a year depending on contested issues: locating parties, disputes about valuation, complex title claims, or appeals. Costs include filing fees, service fees, title searches, appraisals, survey and commissioner fees, and attorney fees if you hire counsel. Courts sometimes award costs or attorneys’ fees in specific circumstances, but you should not assume fee recovery.

When to hire an attorney

If title is complicated, if there are multiple claimants, unresolved probate questions, liens, or high property value, consult an attorney experienced in real property and probate litigation. An attorney can prepare pleadings, handle complex service issues, coordinate appraisals and surveys, request emergency relief, and represent you at trial.

Important: This guide is educational and describes typical steps in Arizona. Individual cases vary; court practice and local rules affect procedures and deadlines.

Helpful hints

• Gather documents before you file: deed, title history, wills/trusts, death certificate, mortgage statements, tax bills, and any written agreements among owners.
• Get a title search early to identify unknown lienholders and to learn the exact legal description to use in your complaint.
• Obtain at least one professional appraisal to establish fair market value and support your request for sale or buyout terms.
• Consider buying out the noncooperative owner or offering them a structured payout — settlement can save time and costs.
• Use mediation: many courts encourage or require mediation in civil disputes. A mediated agreement can be faster and cheaper than a judge’s decree.
• Preserve evidence of waste or unauthorized transfers. Take photos, keep receipts, and document any removal of fixtures or destructive acts by a co‑owner.
• If a party is missing, consult the court clerk or an attorney about substituted service or notice by publication so you do not hit procedural snags.
• Check county superior court local rules and fee schedules where the property is located. Procedures and costs vary by county.
• Keep expectations realistic: courts balance fairness and practicality. A sale is common when dividing a single-family home or small parcel.

Where to learn more and official resources

Arizona Revised Statutes, Title 12 (actions and civil procedure): https://www.azleg.gov/arsDetail/?title=12

Arizona Revised Statutes, Title 14 (probate, for overlapping inheritance issues): https://www.azleg.gov/arsDetail/?title=14

Arizona Judicial Branch — self‑help information and local court resources: https://www.azcourts.gov/selfservice/