Overview

If the other side asks the court only to order a sale of real property (for example, the family home) without asking for buyout or other division terms, you still have several tools and options under Arkansas law and court procedure. Courts aim to divide interests fairly, but a request for sale is only the start of the process—it does not automatically determine how sale proceeds, mortgage liabilities, or credits for contributions will be handled.

Primary legal options you can pursue

1. Object and ask the court to set buyout terms or an equitable division

   You can file a written objection or counter-motion asking the court either to set buyout terms (one party buys the other out at an appraised value) or to allocate proceeds and liabilities in an equitable manner. Ask the court to order an appraisal and to set a deadline for offers or refinancing so a buyout can happen instead of a forced sale.

2. Request an appraisal and evidence-based accounting

   Ask the court to appoint an appraiser or to require both parties to provide valuation evidence. An accurate market value is essential to determine a fair buyout price, net sale proceeds, and each party’s share after paying mortgages, liens, taxes, and sale costs.

3. Ask the court for a partition in kind (rare) or set terms for partition by sale

   When co-owners cannot agree, courts sometimes order a partition in kind (dividing the land physically). With a house this is usually impractical, so courts order partition by sale but should still set terms for how proceeds are divided and who pays costs. If you prefer an in-kind division or want the court to set clear sale procedures, request that explicitly in writing and at hearing.

4. Seek temporary orders to preserve the property and your equity

   Ask for temporary relief to prevent the other party from listing, encumbering, or selling the property before the court resolves how proceeds will be divided. Temporary orders can also allocate who pays mortgage, taxes, insurance, and utilities while the case is pending.

5. Propose refinancing or a structured buyout

   If you want to keep the house, propose a refinance or loan assumption to buy out the other owner. Offer a schedule or proof of pre-qualification to show the court that a buyout is feasible and faster or less costly than a sale.

6. Negotiate settlement, mediation, or binding arbitration

   Courts often encourage mediation. A negotiated agreement can set buyout price, split of net proceeds, timing, and who covers sale costs. If you value control and speed, negotiate terms yourself or insist on mediation before the court orders a sale.

7. Request credit or offset for contributions and improvements

   Document mortgage payments, repairs, improvements, and other contributions. Ask the court to credit these contributions when dividing sale proceeds or fixing a buyout price. The court will consider contributions to determine equitable distribution.

8. Challenge improper conduct or dissipation

   If the other party is trying to force a sale to defeat your interests—for example by hiding assets, taking money from accounts, or making damaging changes—you can ask the court for sanctions, injunctive relief, or an adjustment to the division to offset the misconduct.

What the court will typically consider

• Ownership records and title.
• Current market value of the property (appraisals).
• Outstanding mortgage(s), liens, and who is legally responsible.
• Contributions by each party (mortgage payments, improvements, down payment).
• Tax and sale costs, realtor fees, and closing costs.
• Whether a buyout is feasible (refinance ability, credit, cash available).
• Any relevant marital-property rules if the case arises from divorce.

Practical steps to protect your interest now

1. Gather documents: deed, mortgage statements, tax bills, insurance, receipts for improvements, and any written agreements about the house.
2. Seek an independent appraisal or at least a market analysis.
3. File a written response or counter-motion in the court file if a sale motion is pending.
4. Ask the court for temporary orders addressing who pays the mortgage and who maintains the property.
5. Consider mediation or a negotiated buyout before the court orders a public sale.
6. Consult a local Arkansas attorney promptly if large equity or complex issues exist.

Timing and costs

Partition trials and contested sale proceedings can take months. Appraisals, title searches, and court schedules add time and cost. A negotiated buyout can be quicker but requires cooperation or the court’s approval. Keep receipts and records of any payments you make now so you can seek reimbursement or credit later.

Where to find Arkansas law and court resources

Arkansas statutes and legislative resources are available from the Arkansas General Assembly website: https://www.arkleg.state.ar.us/. For general information on Arkansas courts, forms, and procedures, see the Arkansas Judiciary site: https://www.arcourts.gov/. If your matter arises in a divorce, look for statutes and guidance on property division in the Arkansas Code through the legislature site above or consult a family law attorney.

Helpful Hints

• Act quickly. Filing deadlines and court schedules can limit your options.
• Don’t let the house be sold before you ask the court to set clear distribution terms or temporary protections.
• Get an independent appraisal early to support a buyout or to contest a proposed sale price.
• Keep careful records of mortgage, tax, insurance, and repair payments.
• Consider mediation. Courts favor settlement and you can control the timing and terms more directly.
• Learn who holds legal title and whether the mortgage is in both names—title affects who can force a sale and who owes the debt.
• Talk to an Arkansas attorney about local practice, forms, and likely outcomes in your county’s circuit court.