Disclaimer: This is educational information only and is not legal advice. Laws change and every case is different. Consult a licensed Arkansas attorney before you act.
Detailed Answer
If you co-own inherited land in Arkansas and the other owners will not agree to sell, you may be able to force a sale by filing a partition action in court. Co-ownership created by inheritance is typically a tenancy in common. Tenants in common each own an undivided share and can ask a court to divide the property or sell it and divide the proceeds.
Key pathways to resolve co-owned inherited land in Arkansas:
- Voluntary sale or buyout: The fastest, cheapest path is agreement. One co-owner can offer to buy out the others using a negotiated price or an agreed appraisal. Put any agreement in writing and record it if it changes title.
- Mediation or settlement: Before filing suit, consider mediation. Courts and many attorneys encourage settlement and many disputes resolve without a trial.
- Partition action: If negotiations fail, file a petition for partition in the appropriate Arkansas court (often chancery court or a circuit court with chancery jurisdiction in counties that have merged divisions). The court will examine whether the land can be physically divided (partition in kind) or whether sale is necessary (partition by sale).
What happens in a partition action?
- Filing and notice: A co-owner (the petitioner) files a partition petition naming all co-owners and known lienholders. The court serves the parties so everyone has a chance to be heard.
- Investigation and valuation: The court may order an appraisal or appoint commissioners to survey and value the property. Appraisals and reports help the court decide if a fair physical division is possible.
- Partition in kind (division of the land): If the court finds the parcel can be equitably divided without materially harming the owners’ interests, it may order a division of the land so each owner receives a separate tract consistent with their proportional share.
- Partition by sale: If the property cannot be divided equitably—because it is a single family home, a small parcel, or division would destroy value—the court may order a sale. Courts often direct a public sale (auction) to obtain the best available price, but Arkansas courts can approve a private sale if the sale process and price are fair and the court’s requirements are satisfied.
- Distribution of proceeds: After sale, the court orders costs, liens, and expenses paid and distributes the remaining proceeds to owners according to their ownership shares, subject to any court-ordered adjustments.
Private sale vs. public sale: what to expect
Courts generally favor transparent sale processes that protect all owners. A private sale (one negotiated directly with a buyer, rather than an auction) can be approved, but the court will want evidence that the sale price is fair and that the marketing and negotiation were reasonable. To increase the chance a court will approve a private sale, present:
- a current, independent appraisal;
- documentation of marketing efforts (listings, broker activity, showings);
- arms‑length offer terms and proof the buyer is able to complete the purchase; and
- a proposed order for the court that details how sale proceeds will be handled and how title will transfer.
Practical issues and defenses other co-owners may raise
- Co-owners may claim unequal contributions to improvements, payment of taxes, or mortgage payments; courts can account for those equities before dividing proceeds.
- Creditors or liens attach to the property and must be satisfied from sale proceeds.
- Disputes over heirs, will validity, or title cloud may complicate or delay partition until those issues are resolved.
Where to file and what law governs
Partition and related procedures are governed by Arkansas law and decided by Arkansas courts. Practical procedure and local practice can vary by county. For statutes and code sections on partition, consult the Arkansas Legislature’s code resources and Arkansas court rules for chancery or circuit courts: Arkansas Legislature – Arkansas Code and Arkansas Judiciary. Your attorney will cite the specific statutory provisions and local rules that apply to your case.
Costs and timeline
Expect a partition action to take months to over a year depending on complexity, disputes, and court schedules. Costs include court filing fees, attorney fees, appraisals, commissions for court-appointed commissioners or experts, and costs of sale. If you win, the court may order costs paid from the sale proceeds, but you should plan to cover upfront expenses.
When private sale is most realistic
- All co-owners consent to negotiate and to presenting the private-sale plan to the court.
- A reliable appraisal supports the private sale price.
- There are no liens or title clouds that complicate a simple transfer.
- The court is satisfied the private sale will maximize value and is fair to all parties.
When you need an attorney
If co-owners resist sale, if title is disputed, if liens exist, or if the property has substantial value, hire an Arkansas attorney experienced in partition and probate-related disputes. An attorney will prepare pleadings, represent you at hearings, coordinate appraisals and marketing evidence, and help negotiate buyouts or private-sale terms acceptable to the court.
Helpful Hints
- Identify all owners and lienholders early. Missing parties can delay court action.
- Collect the deed, wills, probate orders, and any recorded documents showing ownership shares.
- Get a current, licensed-appraiser valuation before filing—this strengthens your position for sale approval or buyout offers.
- Try mediation or written buyout offers first. Courts favor settlement and it saves time and money.
- Document payments you made for taxes, mortgage, or major repairs—courts may credit you before dividing proceeds.
- If seeking a private sale, prepare marketing history and multiple valuations to show the court the price is fair.
- Be realistic about costs: partition litigation and experts reduce net proceeds.
- Consult an attorney early to evaluate whether partition, quiet title, or other remedies best fit your situation.