Filing a Partition Action to Force Sale of Your Late Father’s House in Arizona

Short answer: If you and one or more people own the house as co-owners (for example, as tenants in common), you can ask an Arizona superior court to partition the property. If a physical division isn’t practical, the court can order a sale and divide the net proceeds. If the property is still in probate or title lists the estate, the personal representative or the heirs must be named in the case. This article explains the legal steps, who may file, typical documents, and practical tips under Arizona law. This is educational information only and not legal advice.

Who can file a partition action in Arizona?

Generally, any person who owns an undivided interest in real property may bring a partition action. Common situations include:

Heirs who inherited the property as tenants in common.
Co-owners who purchased the property together and hold undivided interests.
The personal representative (executor/administrator) of a decedent’s estate when title is in the estate.

Arizona law governing partition actions is found in Title 12 of the Arizona Revised Statutes. See A.R.S. § 12-1101 et seq. for the statutory framework (Arizona Revised Statutes, Title 12 – Courts and Civil Procedure). For probate status and the role of a personal representative, see Title 14 (Probate). For the text of Arizona statutes, visit the Arizona Legislature’s statutes pages: A.R.S. Title 12 and A.R.S. Title 14.

Step-by-step: How to file a partition action

Confirm ownership and title status.

Search the county recorder’s office for the deed and any recorded documents. Check whether title is held by your father’s estate, by named heirs, or by other parties. If the property is still in probate, determine whether the court has distributed the property or whether a personal representative controls it.
Try resolving the issue without court first.

Contact co-owners to propose a buyout, sale by agreement, or mediation. Courts often encourage settlement before a contested sale. A negotiated solution saves time and legal fees.
Prepare the partition complaint.

File a complaint for partition in the Arizona Superior Court in the county where the real property is located. The complaint typically asks the court to:
- Declare each party’s ownership interest;
- Order a partition in kind (physical division) if feasible or a sale if division is impractical;
- Appoint a commissioner or referee to divide or sell the property and report back; and
- Order payment of liens, costs, and a distribution of proceeds.
If the property is held in the decedent’s estate, name the personal representative as a defendant (or the estate) so the court can affect estate property.
Serve all parties and record the filing.

After filing, you must serve all co-owners, lienholders (mortgagees), and other interested parties. The court clerk will provide information about required service rules. If a party cannot be served, the court may allow substituted or publication service in limited circumstances.
Request appointment of a commissioner or sale.

If the court finds partition in kind is not practical, it will commonly appoint a commissioner to sell the property at public auction or through a broker and to report net proceeds to the court. The court will supervise the sale process, approve the sale, pay valid liens and costs, and distribute the remainder according to ownership shares.
Final accounting and distribution.

Once the sale closes, the court or commissioner will present an accounting that pays mortgage liens, taxes, sale costs, and court-ordered expenses. The remaining funds distribute to owners per their legal shares.

Important legal considerations under Arizona law

Type of ownership matters. Joint tenancy with right of survivorship passes the decedent’s interest automatically to the surviving joint tenant(s). Tenancy in common results in heirs owning the decedent’s share, who may then seek partition.
Probate and estate involvement. If title is in your father’s estate, the personal representative may be required to appear. If the estate has not been opened, consider opening probate so a representative can act for estate property. See A.R.S. Title 14 for probate rules.
Liens and mortgages survive partition. Mortgages and other recorded liens must be paid from sale proceeds in priority order before distributions to owners.
Costs and fees. Partition cases create court costs, commissioner fees, sale expenses, and attorney fees. Arizona law allows courts to award costs and, in some cases, attorney fees; review the statutes and local rules governing awards.
Minor or incapacitated owners. The court may require appointment of a guardian ad litem for minors or incapacitated persons to protect their interests in the partition action.

Documents and information you’ll need

Deed(s) showing ownership.
Death certificate for your father.
Probate filings, if any (letters testamentary or letters of administration).
Mortgage and lien payoff statements.
Property tax records and assessments.
Title report or preliminary title search (recommended).
Any written agreements among co-owners (co-ownership agreements).

Typical timeline and costs

There is no set timeline. An uncontested or negotiated partition can finish in a few months. A contested partition that requires discovery, hearings, and a court-supervised sale can take nine months to a year or longer. Costs vary by county, complexity, attorney rates, and sale expenses.

Helpful Hints

Start with a title search and confirm whether the property passed to heirs or to a joint tenant.
Try negotiation or mediation before filing. Many co-owners prefer an agreed sale or buyout.
If the property is in probate, ask the probate court to authorize sale or to join the estate to the partition case.
List all lienholders in your complaint so sale proceeds clear recorded encumbrances.
Keep records of expenses and improvements—these can affect the final accounting.
Talk to an attorney early if title issues, disputed heirship, or uncooperative co-owners exist.
Check the Arizona Judicial Branch’s self-help resources for civil filings and local court procedures: Arizona Courts Self-Service.

When to hire an attorney

Consider hiring an attorney if: ownership is disputed; the estate or probate issues are complex; co-owners refuse to cooperate; or there are mortgages, tax liens, or unknown heirs. An attorney can prepare pleadings, manage service, represent you in hearings, and work with the court-appointed commissioner to protect your financial interest.

Final thoughts and next steps

Filing a partition action can compel a sale of a late parent’s house when co-owners cannot agree. Start by confirming title, attempting negotiation, and gathering key documents. If negotiation fails, file a partition complaint in the superior court where the property is located, name all interested parties (including the estate or personal representative if applicable), and follow the court’s procedures for sale and distribution. Review the statutory framework in A.R.S. Title 12 and probate provisions in A.R.S. Title 14. For help applying these rules to your situation, consult a licensed Arizona attorney.

Disclaimer: This article is informational only and does not provide legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed attorney in Arizona.