Disclaimer: This is general information only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Arkansas attorney.
Detailed Answer
When co-owners of real property in Arkansas cannot agree on dividing the land, one or more owners can ask a court to force a division through a partition lawsuit. Arkansas law provides a formal process for this. The main goals of a partition action are to either divide the property physically among the owners (partition in kind) or sell the property and divide the sale proceeds (partition by sale) if physical division is impractical.
Where to file
A partition action is filed in the circuit court of the county where the property (or a part of it) is located. See Arkansas partition statutes (Title 18, Chapter 60) for statutory authority: Ark. Code Ann. Title 18, Ch. 60.
Who may bring the action
Any co-owner who holds an interest in the property may file. The complaint must name all known owners and often known lienholders. Note: Some ownership forms (for example, certain tenancy by the entirety situations) restrict partition rights; a spouse holding property as tenants by the entirety may not unilaterally force partition against the other spouse.
Typical steps in the partition process
- Prepare and file a complaint (petition). The complaint generally identifies the property, describes each owner’s claimed interest, and asks the court to order partition in kind or, if necessary, partition by sale. It should name all co-owners and any known lienholders or persons with recorded interests.
- Serve the co-owners and interested parties. Each defendant (co-owner, mortgagee, lienholder) receives notice and an opportunity to respond.
- Court may set hearings and consider defenses. Co-owners can object, claim improvements, offsets, or challenge title. The court resolves disputes over ownership shares, liens, and other claims before ordering partition.
- Appointment of commissioners or a referee. If the court orders partition in kind, it usually appoints commissioners (often surveyors or real property professionals) to survey and divide the property fairly. Statutory provisions govern commission procedures and duties. If the court orders sale, it will direct how the sale is conducted and how proceeds will be handled.
- Division in kind or sale. If the land can be fairly divided into parcels corresponding to each owner’s interest without prejudicing value, the court will order a division in kind. If division would be impractical or would unfairly reduce the value (for example, a single-family house on one lot with small acreage around it), the court will order a public sale of the property and distribution of net proceeds among the owners according to their shares.
- Payment of costs, liens, and distribution. Priorities are addressed: valid liens and mortgages are typically paid from sale proceeds or otherwise dealt with according to law before owners receive their shares. Costs of the partition action, including commissioners’ fees, advertising and sale costs, and court costs, are usually charged against the property or the proceeds.
Evidence and documentation to prepare
- Deeds and title documents showing ownership shares.
- Mortgage statements and any recorded liens.
- Tax bills, recent property tax records, and assessments.
- Surveys, plats, or maps (if available).
- Records of improvements, expenses paid, or rent received (if property is income-producing).
- Communications showing attempts to resolve the dispute or offers to buy out co-owners.
Timing and costs
There is no fixed timeline; partition actions can take several months to over a year depending on complexity, objections, and whether the property must be sold. Costs include court filing fees, attorneys’ fees, surveyor or appraiser fees, commissioners’ fees, and, if sold, advertising and auction costs. The court will usually allocate those costs in the judgment.
Alternatives to filing suit
Before filing, co-owners often consider alternatives: selling the property by mutual agreement, one owner buying out the others, mediation, or arbitration. These approaches can save time and legal costs and preserve relationships. Courts may also encourage or require mediation in some cases.
Practical tips specific to Arkansas law
- Identify and join all recorded interest holders early. Failing to include a mortgagee, lienholder, or other recorded interest can complicate or delay the case.
- Check for special ownership forms. Tenancy by the entirety and certain trust or corporate ownerships have special rules that affect whether a partition can proceed.
- Ask the court for a partition in kind if you have strong evidence that the property can be divided without harming value; otherwise be prepared to request or accept a sale.
- Consult the Arkansas partition statutes for procedural details and consult a local attorney for county practice and forms: Ark. Code Ann. Title 18, Ch. 60.
Helpful Hints
- Talk to a real estate attorney early. A lawyer can assess whether partition in kind is feasible and protect your ownership share and rights.
- Gather proof of ownership and any written agreements between co-owners before filing.
- Consider a professional appraisal. An appraiser can help the court or the parties decide whether physical division is fair or whether sale is preferable.
- Ask about mediation. Many disputes resolve faster and cheaper when an impartial mediator helps negotiate a buyout or sale agreement.
- Expect costs and plan for them. Even if you win, partition costs will be deducted from the property or sale proceeds.
- Watch deadlines. Once a lawsuit starts, there are deadlines for pleadings, discovery, and responses; missing them can hurt your case.
- Protect rental income and upkeep. If the property produces rent or needs maintenance, document expenses and rent distributions—courts will account for these when dividing proceeds.
If you are considering a partition action, an Arkansas circuit court lawyer can explain how the statutes apply to your facts, prepare the required pleadings, and represent you at hearings or settlement talks. For statutory language and procedures, consult the Arkansas Code, Title 18, Chapter 60: https://www.arkleg.state.ar.us/ArkansasCode/Title/18/Chapter/60.