How to Prepare Documents and Information for a Partition Action in Arkansas

Quick overview: If you and one or more co-owners cannot agree on what to do with jointly owned real property, an Arkansas court can divide the land (“partition in kind”) or order a sale and divide the proceeds (“partition by sale”). To start that process, your lawyer will need a clear, well-documented file. This article explains, in plain English, the information and documents you should gather before you meet an Arkansas attorney.

Disclaimer

This is general information only and is not legal advice. I am not a lawyer. Consult a licensed Arkansas attorney for advice about your specific situation.

Detailed Answer: What your lawyer needs to begin a partition case in Arkansas

1. Basics about the property and parties

Full legal property description as it appears on the deed (lot, block, subdivision, or metes and bounds).
Street address and parcel number(s) or tax ID(s) used by the county assessor.
Names, current mailing addresses, phone numbers, and emails for all co-owners listed on the deed (and any spouse information if relevant).
How and when each person acquired their ownership interest (dates of purchase, inheritance, gift, or transfer).

2. Title and deed documents

Copies of the deed(s) showing the chain of title for the property (granting instruments, quitclaim deeds, warranty deeds).
Title insurance policy or title commitment (if you have one).
Any recorded easements, restrictions, covenants, or liens affecting the property (mortgages, tax liens, judgment liens).

3. Financial and lien-related documents

Most recent mortgage statements for each loan secured by the property.
Property tax bills and payment history (to show who paid taxes and when).
Records of any other encumbrances (home equity lines, contractor liens, HOA assessments).
Bank records, cancelled checks, or receipts showing contributions toward mortgage payments, taxes, insurance, or major repairs (useful if co-owners dispute contributions).

4. Possession, use, and occupancy evidence

Leases and rental agreements (current and past) if the property is rented.
Documentation showing who lives on or uses the property and when (utility bills, mail, photos, affidavits).
Records of rent collected and how proceeds were distributed.

5. Surveys, plats, and boundary evidence

Any existing land survey, plot map, or property plat.
Boundary agreements, fence-line records, or prior surveyor reports if there is a boundary dispute.

6. Improvements, repairs, and maintenance records

Contracts, invoices, receipts, permits, and photos for major improvements or repairs (roof, HVAC, additions).
Documentation showing who paid for improvements or major maintenance costs.

7. Agreements between co-owners

Any written co-ownership agreements, partition agreements, buyout offers, letters, or emails discussing sale, division, or buyout terms.
A record of any prior attempts to mediate or negotiate a resolution.

8. Court and legal documents

Copies of any prior litigation involving the property (previous partition actions, quiet title suits, foreclosure filings).
Records of defaults, judgments, or liens that might affect proceeds distribution.

9. Practical information for your attorney

A clear statement of the outcome you want (partition in kind, partition by sale, buyout by a co-owner, or other).
Any urgent deadlines (pending foreclosure sale, tax sale, or perishable evidence).
Names and contact information for witnesses or people who helped maintain or improve the property.

How the Arkansas court process generally works (what your documents will support)

In Arkansas, a partition action typically begins with a complaint filed in the circuit court where the property sits. The complaint names all record owners and asks the court to either physically divide the property (partition in kind) or to sell it and divide proceeds (partition by sale) if division is impractical. The court will notify interested parties, consider liens and mortgages, often order a survey or appoint commissioners to divide the land, and may order a sale if division would be unfair or infeasible.

Your documents will help your lawyer prepare the complaint, identify necessary defendants (all owners and lienholders), show evidence of contributions or inequities, and support requests for possession, temporary relief, or an equitable accounting.

For the text of Arkansas statutes addressing partition and related property procedures, see Arkansas Code (Title 18 — Property) and consult the Arkansas Judiciary for court rules and local procedure. Helpful official links: Arkansas Legislature (Arkansas Code) and Arkansas Judiciary.

Helpful Hints

Organize documents chronologically and label copies clearly (Deed-1, Deed-2, Mortgage-1, Tax-2019, etc.).
Bring originals when you first meet the attorney; the lawyer will want to verify originals and may keep copies.
If you cannot find a deed, contact the county recorder’s or circuit clerk’s office in the county where the property is located for a copy.
Gather digital photos and date them when possible. Photos of improvements, damage, or occupancy are often persuasive.
Collect evidence of payments (canceled checks, bank statements) if you claim reimbursement for contributions to mortgages, taxes, or improvements.
If a co-owner lives on the property and opposes partition, document any written communications and offers you made to buy them out.
Ask about cost estimates up front (filing fees, survey costs, possible commissioner or sale fees) so you can plan for litigation expenses.
Consider trying mediation first — it can save time and money and attorneys often explore buyout solutions before a court orders a sale.
If the property has significant liens or a near-term foreclosure, tell your attorney immediately — timing can change the best strategy.

When to hire a lawyer

Hire an Arkansas attorney as soon as disputes over ownership, possession, or sale arise. Early counsel helps preserve records, avoid procedural mistakes, and pursue negotiated resolutions when possible. A lawyer can also confirm whether partition is appropriate or whether other remedies (quiet title, foreclosure defense, or settlement negotiations) make more sense.

If you’re ready, bring the items above to your first meeting and ask the attorney to explain likely outcomes, estimated costs, and the timeline for a partition action in the county where the property sits.