How a Co-owner Can Compel Sale of Shared Real Property in Arizona

If you co-own real estate in Arizona and the other owners refuse to make buyout offers or cooperate, Arizona law allows a court-ordered partition that can end in a forced sale. This article explains how partition actions work in Arizona, what steps you should take before and after filing, and practical tips to improve your chances of a fair outcome.

Quick legal context

Under Arizona law, a co-owner may bring an action for partition in Superior Court to divide or sell jointly owned real property. See A.R.S. Title 12 (partition statutes), commonly cited as A.R.S. §12-1101 et seq.; see https://www.azleg.gov/arsDetail/?title=12.

Detailed answer — What happens in a partition action and how you can force a sale

1. Types of partition and which the court prefers

The court generally recognizes two remedies:

Partition in kind — the court divides the land so each owner receives a physically separate portion. Courts favor this when division is practical and fair.
Partition by sale — the court orders the property sold and divides the proceeds among owners according to their ownership shares. The court will order sale when a fair physical division is impracticable or would cause great prejudice to owners.

2. Filing the partition action

File a complaint for partition in the Superior Court in the county where the property sits. The complaint should identify the property, all co-owners (including those with recorded or claimed interests), and the relief sought (partition in kind or by sale).
Serve all co-owners and any lienholders or mortgagees. If someone who should be included is unknown, the court can allow notice by publication and may permit the court to bind unknown parties.

3. Court process and practical steps that lead to sale

Key procedural steps that typically lead to a sale when co-owners refuse to buy you out:

Early pleadings and proposed remedies: Ask the court for partition and, alternatively, for partition by sale if in-kind division is impractical.
Discovery and valuation: The court may require appraisals or permit both sides to present evidence about feasibility of dividing the parcel and the fair market value.
Order on partition method: If the judge finds division in kind impractical or unfair, the judge will order sale.
Appointment of a commissioner/receiver: The court often appoints a commissioner, referee, or receiver to manage the sale. That person or the court will set terms, choose an appropriate sale method (public auction or brokered sale), and handle proceeds.
Opportunity to buy out: Courts often give co-owners the opportunity to buy other owners’ shares at appraised value before or after ordering sale, but co-owners are not required by law to make an offer. If no buyout occurs, the court proceeds with sale.
Sale and distribution: After sale, the court or commissioner pays liens, mortgages, fees, and divides net proceeds according to ownership interests.

4. What to do if other co-owners won’t make buyout offers

If co-owners refuse to buy your share, you can still obtain a sale through the court by:

Filing the partition action and asking for partition by sale as an alternative remedy;
Presenting evidence (appraisals, maps, expert testimony) that division in kind is impractical or would be unfair;
Requesting appointment of a commissioner or asking the court to set an orderly sale process (e.g., listing with a broker, sealed bids, or public auction);
Asking the court for interim relief if necessary, such as a receiver to collect rents, maintain the property, or protect value pending sale.

5. Practical considerations and likely outcomes

Expect the court to evaluate whether a physical division would substantially reduce value or be logistically impossible. If so, a sale is common. Note these practical points:

Forced sales (especially auctions) sometimes yield below-market prices. A brokered sale may obtain a better price, but the court will approve sale method it believes maximizes value.
Mortgages, tax liens, and other encumbrances usually get paid from sale proceeds in order of priority.
Costs — court fees, attorney fees (if ordered), appraisal, and sale expenses — come out of sale proceeds before distribution.
Timeline — partition cases can take many months or longer, depending on complexity, contested issues, and court schedules.

Example (hypothetical)

Two siblings own a house as tenants in common. One sibling wants cash and repeatedly asks the other to buy their interest. The other sibling refuses. The first sibling files a partition action asking the court to divide the property or, if division is impractical, to sell and split proceeds. The court finds the lot cannot be fairly divided without harming value, appoints a commissioner, orders a brokered sale, no buyout occurs, and the house sells. After paying mortgage and costs, net proceeds divide per ownership shares.

Helpful Hints

Document all attempts to negotiate a buyout (emails, letters, texts). Judges like to see you tried to resolve the issue before suing.
Gather title documents, deeds, mortgage statements, tax records, lease agreements, and recent appraisals before filing.
Consider mediation before or during the case. Mediation can produce a buyout or settlement that avoids sale costs.
Ask the court for an appraisal early so all parties work from the same value baseline.
If the property produces income (rent), ask the court for a receiver to collect rent and pay necessary expenses so value does not erode while the case proceeds.
Be realistic about sale timing and net proceeds. Forced sales can take time and carry costs.
Check for mortgages or liens that will affect net proceeds and for tax consequences of the sale (capital gains).

Where to look in Arizona law

Partition actions are governed by statutes found in Arizona law; see A.R.S. Title 12 (Partition actions) at https://www.azleg.gov/arsDetail/?title=12. For local court procedures and forms, consult the Superior Court website in the county where the property sits or the Arizona Judicial Branch self-help resources at https://www.azcourts.gov/.

Next steps

Try a written demand and mediation to secure a voluntary buyout.
Collect title and financial documents for the property.
If negotiation fails, prepare a partition complaint for filing in the county Superior Court. Consider getting an attorney experienced in Arizona partition cases to help with pleadings, valuation evidence, and strategy.

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