What legal process allows a co-owner to force the sale of jointly inherited property in Arizona? | Arizona Partition Actions | FastCounsel
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What legal process allows a co-owner to force the sale of jointly inherited property in Arizona?

Detailed Answer

When multiple people inherit property together in Arizona and cannot agree on whether to keep or sell it, Arizona law lets any co-owner ask a court to divide or sell the property. This is called a “partition action.” Under Arizona Revised Statutes (A.R.S.) §§ 12-1201 through 12-1247, each co-owner owns an undivided share and has the right to seek partition at any time. You file a partition action in the county superior court where the property lies.

There are two main types of partition:

  • Partition in kind: The court divides the land into separate parcels so each co-owner receives a specific portion (A.R.S. § 12-1206). If dividing the land fairly is possible without significantly harming its value, the court favors this method.
  • Partition by sale: If a fair physical division proves impractical or would reduce value, the court orders the property sold at public auction (A.R.S. § 12-1207). Proceeds are distributed to co-owners according to their ownership share after paying costs, liens, and any court-approved allowances.

The court follows these steps:

  1. Verify each party’s ownership percentage.
  2. Appoint referees or a commissioner to value the property and assess division options.
  3. Determine whether partition in kind is feasible. If not, order a public sale.
  4. Oversee distribution of sale proceeds, paying liens and debts first.

Arizona law treats all co-owners equally, regardless of contribution to purchase or improvements (A.R.S. § 12-1202). The partition process can take several months, depending on property complexity, court schedules, and appraisal availability.

Key statutory references:

Helpful Hints

  • Review the property deed to confirm each owner’s percentage share.
  • Discuss a voluntary buyout or sale among co-owners before filing—court costs and fees can be high.
  • Obtain a recent appraisal to understand current market value.
  • Consider mediation to resolve disputes and avoid litigation.
  • Keep records of improvements and expenses; these can affect distribution.
  • Consult a real estate attorney to prepare and file the partition complaint properly.
  • Be prepared for delays: court-backed sales follow strict notice and publication rules.
  • Understand that liens (mortgages, tax liens) attach before proceeds are divided.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.