Detailed Answer: How to file a partition action in Arkansas to force sale of an inherited interest

Short answer: In Arkansas you file a civil complaint (often called a complaint for partition) in the circuit court for the county where the land is located. The complaint names all co‑owners and lienholders, asks the court either to partition the property in kind or, if that is impractical, to order a sale and divide the proceeds, and requests appointment of a commissioner or commissioner‑of‑sale to carry out the division or sale. The court will resolve ownership and lien priorities, may order an appraisal, and will supervise the sale and distribution of proceeds.

Step‑by‑step process

1. Confirm ownership and your legal interest

   Start by obtaining the deed(s), the will (if the property passed through probate), the affidavit of heirship (if any), and a current title search. You must know who currently holds legal title and whether any mortgages, tax liens, or judgments encumber the land. If the property passed through a probate administration, gather the probate case number and documents.

2. Identify necessary parties

   All persons with a recorded or claimed ownership interest in the land and all lienholders must be named as defendants. If you do not know every heir or claimant, the court allows service by publication for unknown or absent parties, but you should make a reasonable effort to identify them first.

3. Choose the correct court and venue

   File in the Circuit Court of the county where the real property is located. Arkansas circuit courts hear partition actions. For court rules and local filing procedures, see the Arkansas Judiciary website: https://www.arcourts.gov/. Civil procedure rules that apply to partition cases appear in the Arkansas Rules of Civil Procedure: https://www.arcourts.gov/rules.

4. Draft the complaint for partition

   The complaint should include: a legal description of the property; the names and addresses of all known owners and lienholders; a statement of your ownership interest; how title was acquired (e.g., inheritance); whether you seek partition in kind or by sale (and why in kind is impracticable, if applicable); a request for appointment of a commissioner or master to divide or sell the property; and a prayer for judgment ordering partition and for costs and disbursements. Attach copies of deeds, probate records, and other supporting documents when available.

5. File, serve, and provide notice

   File the complaint with the circuit clerk and pay the filing fee or seek in forma pauperis relief if eligible. After filing, arrange for service of process on all defendants per the Arkansas Rules of Civil Procedure (personal service when possible; publication may be allowed for unknown or nonresidents). Proper service is required before the court can enter binding orders against absent parties.

6. Responding pleadings, joinders, and defenses

   Defendants may answer, assert counterclaims (for example, claims to a larger share, claims of adverse possession, claims that improvements were made), or seek an accounting for rents and profits. The court will resolve ownership disputes before ordering partition or sale.

7. Court hearing, appraisal, and commissioner appointment

   The court may hold a hearing to determine whether partition in kind is feasible. If in kind division would be unfair or impractical, the judge may order a partition by sale. The court typically appoints a commissioner (or commissioners) to appraise the property, conduct the sale, and report back. The court will enter an order outlining the duties, sale method, minimum bid (if any), and distribution plan.

8. Sale, accounting, and distribution

   Sales are often public and conducted under court supervision. After sale, the commissioner files a report, the court confirms the sale, and proceeds are applied to outstanding debts and liens (mortgages, taxes). Remaining proceeds are divided among co‑owners according to their ownership shares after costs, liens, and any awarded attorney fees or costs are paid.

9. Possible settlements or buyouts

   Co‑owners can avoid sale by agreeing that one owner will buy out the others at an agreed price. The court can approve a buyout or implement it when owners consent.

Key legal points under Arkansas law

• Partition is an equitable remedy the circuit court administers; the court balances fairness among co‑owners.
• All co‑owners and lienholders must be joined so the court can bind all parties and clear title.
• Liens and encumbrances typically are paid from sale proceeds in priority order before owner distributions.
• The court may award costs and fees in a partition action when appropriate; if improvements or rent were contributed unevenly, the court can account for those in the distribution.

Statutes and official resources

Arkansas statutes and court rules that relate to civil practice and property disputes are available from state websites. For general statutory reference and to locate partition statutes under Arkansas law, consult the Arkansas Code and Arkansas Judiciary webpages:

• Arkansas Code (searchable): https://www.arkleg.state.ar.us/ArkansasCode
• Arkansas Judiciary (court rules, forms, and local court information): https://www.arcourts.gov/

Note: specific statutory sections addressing partition actions and procedures can be found in the Arkansas Code. Use the Arkansas Code search above to look up “partition” and related terms to read the text that governs filing, sale, and distribution.

Typical timeline and costs

A simple uncontested partition (where all parties agree) can resolve in a few months. A contested partition with title disputes, multiple unknown heirs, or lien priority issues can take a year or more. Costs include filing fees, service fees, appraisal fees, commissioner fees, title searches, and attorney fees if you hire counsel. Sale costs and liens reduce owner distributions.

Helpful Hints

• Run a full title search before filing to list all current owners and lienholders in your complaint.
• Gather probate files, wills, death certificates, and any family agreements that affect ownership—these speed the court’s resolution of inherited interests.
• If you cannot locate heirs, document your efforts—affidavits of due diligence help secure permission for service by publication.
• Consider mediation before or during litigation. Many disputes over inherited land resolve faster and cheaper by agreement (sale, buyout, or partition in kind).
• Ask the clerk for local filing requirements and fee schedules. Some counties have local forms or preferences for partition cases.
• If you believe one party has improved the property or collected rents, seek an accounting in your complaint so the court can adjust distributions fairly.
• If the property is encumbered by mortgages or tax liens, consult a title company or attorney to understand payoff amounts and priority.
• Keep records of any payments you made for taxes, mortgage payments, or improvements—these may affect your share.

When to hire an attorney

Hire an attorney if: ownership or heirship is disputed; liens exist; multiple out‑of‑state or unknown parties must be served; complex accounting for rents, taxes, or improvements is necessary; or if you want counsel to negotiate a buyout or represent you at contested hearings. An attorney experienced in Arkansas real property and civil litigation will draft pleadings, handle service issues, coordinate appraisals, and protect your financial interest at sale.

Final notes and disclaimer

This article explains general steps and considerations for seeking a partition under Arkansas law, but it does not cover every possible factual situation. Laws change, and local practice varies. This is not legal advice. Consult a licensed Arkansas attorney for advice about your specific situation.