Detailed Answer
When multiple relatives co‐own real property in Arizona, one co‐owner may seek a judicial partition under Arizona Revised Statutes (A.R.S.) §§ 12-1101 to 12-1111. A partition action forces division of the property either “in kind” (physically dividing the land) or by sale with proceeds apportioned. Below are the key steps under Arizona law:
- Confirm Co-ownership and Interests
• Obtain a certified property title report from the county recorder’s office.
• Identify each owner’s percentage interest (e.g., equal shares among heirs). - Attempt Voluntary Agreement
• Arizona law encourages parties to agree on division outside court (A.R.S. § 12-1109). - Draft and File the Partition Petition
• File in the Superior Court of the county where the property lies.
• Include in your petition (A.R.S. § 12-1101):- Legal description of the land;
- Names and addresses of all co-owners;
- Each owner’s interest;
- Request for partition in kind or sale.
• Pay the filing fee (varies by county).
- Serve All Co-owners
• Deliver a copy of the petition and summons to each co-owner following Arizona Rules of Civil Procedure, Rule 4. - Pretrial Conference or Mediation
• The court may order mediation or a scheduling conference to discuss division methods and timelines. - Property Valuation and Appraisal
• Parties or the court appoint a neutral appraiser if values are disputed (A.R.S. § 12-1102). - Hearing or Trial
• Present evidence of ownership, appraisals, and feasibility of in-kind division.
• The judge decides whether to order a physical division or sale. - Partition Decree and Distribution
• The court issues a Decree of Partition (A.R.S. § 12-1104).
• If sold, the clerk conducts the sale and distributes net proceeds according to ownership shares.
• If divided in kind, the court prepares deeds conveying each parcel to the respective co-owner.
Helpful Hints
- Review your deed and chain of title before filing.
- Collect reliable appraisals to support your proposed division.
- Consider mediation early to save time and costs.
- Track deadlines for answering the petition (typically 20 days after service).
- Keep records of all court filings and service documents.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.