Can a Co-Owner Force a Sale When Some Family Members Refuse — Arkansas FAQ

Short answer: Yes — in Arkansas, a co-owner can usually force a sale (or ask the court to divide the land) by filing a partition action in court. The court will decide whether to physically divide the property or order a sale and then distribute the proceeds among the co-owners according to their ownership shares. This is a civil court remedy; it can be costly and slow, so exploring negotiation or buyout options first is often wise.

Detailed Answer — How forced sale/partition works in Arkansas

When two or more people own real property together (for example, family members who inherited a house as tenants in common), any co-owner generally has the right to ask a court to partition that property. Partition means either (1) dividing the property so each owner gets a separate portion (partition in kind), or (2) selling the property and dividing the sale proceeds among the owners (partition by sale).

In Arkansas, courts handle partition actions under the state civil procedure and real property rules. A typical process looks like this:

Filing a complaint for partition in the appropriate circuit court naming all co-owners and interested parties.
Service of process and giving co-owners the chance to respond. The court will examine title, ownership shares, liens (mortgages), and other interests attached to the property.
The court evaluates whether the property can reasonably be divided in kind. If the property can be fairly and practically divided without substantial prejudice to any owner, the court may order division into separate parcels.
If the court finds division in kind impractical or unfair (for example, a single-family house on a small lot), the court typically orders a sale and directs how proceeds will be distributed after costs, liens, and expenses are paid.
If a co-owner has a lien or mortgage, that secured interest usually must be satisfied from sale proceeds according to priority rules before owners divide the remainder.

The exact statutory and procedural framework is found in Arkansas law and the circuit court rules. For general reference to state law materials, consult the Arkansas Code and local circuit court rules: https://www.arkleg.state.ar.us/.

Who can file a partition action?

Any co-owner of the property (for example, tenants in common) can file. Exceptions include certain ownership forms that limit partition rights — for instance, spouses who own property as tenancy by the entirety (if that form exists and applies) may have different rules. Also, if an owner holds a life estate or there are binding agreements among owners (like a buy-sell agreement, partnership agreement, or deed restrictions), those documents can limit or change the court’s options.

What outcomes should you expect?

Partition in kind: Court divides land into separate lots. This is more likely if the land is large enough and divisible without significant loss of value.
Partition by sale: Court orders a public or private sale. Sale proceeds pay liens and costs, and the net amount is split by ownership interest.
Buyout: One co-owner may purchase the others’ interests (court can order an appraisal to set a fair value). This often avoids a public sale and can be faster and less expensive.

Costs, time, and practical considerations

Partition litigation can take months to years, depending on contested issues. Courts may award costs and attorney fees in limited circumstances, but typically each party pays their lawyer unless the court orders otherwise. Sales often incur real estate commissions, advertising costs, appraisal fees, and court costs, which reduce the net proceeds.

Mortgages and liens

A mortgage or other lien against the property normally survives a partition sale; the lienholder must be paid out of sale proceeds according to priority. If one co-owner has paid more on a mortgage, courts can account for unequal contributions when distributing proceeds.

When might the court refuse to order a sale?

Courts generally prefer to carry out the statutory partition remedy when someone requests it. However, a court might favor division in kind if feasible and fair. Also, if parties have a valid contract that prohibits sale or requires a different procedure (for example, a binding sale-restriction or buy-sell clause), the court will consider and enforce that agreement.

What you should do next (practical steps)

Confirm who owns the property and in what form (title search). Identify tenants in common, joint tenants, or other ownership forms.
Check for mortgages, liens, or recorded agreements (deeds, wills, family settlement agreements). These affect distribution and the court’s options.
Talk to the co-owners. Consider mediation, written buyout offers, or an agreed sale. Voluntary agreements save time and money.
If negotiations fail, consult a real estate or civil litigation attorney about filing a partition action in Arkansas circuit court. An attorney can explain costs, likely timeline, and chances of partition in kind vs. sale.
Consider an appraisal to establish current market value and a fair buyout price if you prefer to buy out other owners.

Helpful Hints

Document all communications. Written offers and responses can help in court and during mediation.
Explore mediation. Courts often encourage or require alternative dispute resolution before trial.
Consider tax consequences. A sale or distribution can have tax implications for capital gains and inheritance — consult a tax advisor.
Watch the title. A partition action results in a court order affecting title; make sure the final decree is properly recorded with the county recorder.
Account for improvements and payments. If some owners paid mortgages, taxes, or made improvements, the court can account for unequal contributions when dividing proceeds.
Ask your lawyer about temporary relief. Courts may issue temporary orders about possession, who pays taxes/insurance, or whether a property can be rented while litigation proceeds.

Where to find Arkansas statutes and local rules

Arkansas statutes and the text of the Arkansas Code are available from the Arkansas Legislature’s website: https://www.arkleg.state.ar.us/. For court procedure and local filing rules, consult the circuit court clerk in the county where the property is located or the Arkansas Judiciary website: https://www.arcourts.gov/.

Disclaimer: This article explains general Arkansas law and is for educational purposes only. It is not legal advice. For advice tailored to your situation, consult a licensed Arkansas attorney who handles real property and partition cases.