Detailed Answer

This section explains, under Arizona law, the common steps a co-owner typically follows to force a judicial partition of real property when another co-owner refuses to agree. This overview assumes the property is located in Arizona. If the property is located in a different state, the local rules will differ and you should consult local counsel. This is general information and not legal advice.

1) Confirm where to file

File the case in the Arizona Superior Court in the county where the real property is located. The Superior Court hears partition actions in Arizona. For general information about Arizona courts, see the Arizona Judicial Branch: https://www.azcourts.gov/. For statutory authority governing civil actions, see Arizona Revised Statutes, Title 12: https://www.azleg.gov/arsDetail/?title=12.

2) Gather documentation and evaluate your case

Obtain a complete copy of the deed(s), title report or abstract, and any mortgage, lien, judgment, or lease affecting the property.
Confirm all current co-owners and their addresses. A partition complaint must name all persons with an interest.
Collect records of possession, rents, expenses, tax payments, improvements, and communications with the co-owner who refuses to cooperate.
Consider whether partition in kind (dividing the land) is physically possible and fair, or whether a sale is more practical. Courts prefer partition in kind where practicable; otherwise, they order partition by sale.

3) Prepare and file the complaint

The plaintiff (the party seeking partition) files a complaint for partition in the Superior Court where the property sits. Typical content of the complaint:

Identification and legal description of the property.
Statement of each owner’s interest, percentage shares if known, and the names and addresses of all persons with an interest (including lienholders).
Allegation that the owners are unable to agree on possession or sale.
A prayer for relief asking the court to order partition in kind or, if impracticable, partition by sale and distribution of proceeds after payment of liens and costs.
Requests for provisional relief if needed (for example, to preserve the property or its rents).

Filing procedures and forms differ by county. Contact the county Superior Court clerk where the property is located for filing requirements and fees. See: Arizona Judicial Branch.

4) Service of process and joining parties

Serve the complaint and summons on each named co-owner and on any known lienholders. If you cannot locate an owner, Arizona rules allow substituted service or service by publication in certain circumstances. Make sure all persons with record or equitable interests are properly brought into the case; otherwise, future title issues may remain.

5) Preliminary relief and temporary orders

If the property is at risk of waste or one co-owner is excluding the others from possession, you can ask the court for temporary orders. Common requests include:

Temporary injunctions preventing sale, waste, or removal of fixtures.
An order authorizing an accounting of rents and profits and apportionment of expenses.
An order fixing possession or use while the case proceeds.

6) Discovery, appraisal, and valuation

Expect discovery: written questions, document requests, and possibly depositions. The court often orders an independent appraisal or appoints commissioners to evaluate the property and recommend a partition plan or sale price.

7) Settlement, mediation, or trial

Many cases resolve by settlement—one owner buys out the other, or they agree to a sale and split proceeds. If parties cannot agree, the case goes to trial where the court will decide whether to partition in kind or order partition by sale and direct how the sale proceeds are distributed.

8) Partition by commissioners or sale process

If the court orders partition in kind, it may appoint commissioners to divide the property. If partition in kind is impractical, the court orders a sale (often a public auction or court-directed sale). The court will ensure liens and valid encumbrances are paid from the proceeds before distributing the remainder to owners according to their legal shares.

9) Costs, liens, and distribution of proceeds

Costs of the action (court costs, appraisal fees, receiver or commissioner fees, and sometimes attorney fees if permitted by statute or contract) are typically paid from sale proceeds before distribution. If liens or mortgages exist, those are generally satisfied from the proceeds according to priority.

10) Common outcomes and timeline

Partition actions can take several months to over a year depending on complications such as valuation disputes, multiple claimants, liens, or appeals. Possible outcomes include:

Partition in kind — physical division of the land.
Partition by sale — sale of the property with proceeds divided.
Buyout — one owner purchases the other’s interest.
Dismissal — if the plaintiff lacks standing or fails to notify necessary parties.

Statutory authority and forms

Arizona partition actions rest on the state’s civil procedure statutes and Superior Court rules. See Arizona Revised Statutes (Title 12) for civil procedure rules and specific provisions that courts use when managing partition cases: https://www.azleg.gov/arsDetail/?title=12. For court-specific filing and local procedural rules, consult the Superior Court clerk in the county where the real property is located: https://www.azcourts.gov/.

Disclaimer: This information is educational only and does not constitute legal advice. Laws change and every case is different. Consult a licensed Arizona attorney to discuss the facts of your situation and receive legal advice.

Helpful Hints

Confirm the property’s county—file in the Superior Court for the county where the land is located.
Start with a title search so you know all owners and encumbrances.
Collect proof of payments (taxes, mortgage, repairs) and any tenancy or rental records—these affect accounting for rents and profits.
Try negotiation or mediation before filing; courts often require parties to consider settlement.
If you are seeking immediate protection (e.g., to stop a sale or prevent waste), ask the court for temporary injunctive relief when you file.
Be prepared for costs—appraisals, court fees, publication costs (if service by publication is necessary), and possible commissioner fees.
Identify lienholders early and include them as parties; failing to join a necessary party can delay or invalidate relief.
Talk to an Arizona real property attorney for drafting the complaint and strategizing about valuation, partition-in-kind feasibility, and potential defenses from other co-owners.