Filing a Partition Action in Arkansas When Some Inherited Co-Owners Don’t Respond

Brief answer: In Arkansas, a co-owner (including an heir who inherited property as a tenant in common) can ask a county circuit court to partition land. If some co-owners cannot be located or won’t respond, the court allows alternative service methods (including service by publication) and can proceed to divide the property in kind or order a sale and divide proceeds. The process requires a written complaint, joining all known owners as defendants, proper service, and usually appointment of commissioners. See Arkansas partition statutes (Title 18) and Arkansas civil procedure rules for service and practice.

Detailed Answer — what this looks like under Arkansas law

This section describes the typical steps and legal tools used in Arkansas to force partition of inherited real property when one or more co-owners don’t respond. It assumes the person bringing the case is a co-owner (for example, an heir) and not a mortgage lender or unrelated claimant. This is educational information and not legal advice.

1. Who can file and where to file

Any real property co-owner with an undivided interest (commonly called a tenant in common) may file a partition action in the Arkansas circuit court for the county where the land lies. The statutory law governing partition is in Arkansas Code Title 18 (Property), Chapter 60. For the court rules on service and procedure, consult the Arkansas Rules of Civil Procedure.

Key statutory reference: Arkansas partition statutes (Title 18, Chapter 60) — see the Arkansas Legislature site for the chapter: https://www.arkleg.state.ar.us/ArkansasCode/Title/18/Chapter/60

2. Preparing the partition complaint

The complaint typically states:

Which real property is at issue (legal description or parcel number).
Each party’s interest (who owns what percentage or how title appears).
Why partition is necessary (e.g., disagreement about use or sale).
Relief requested: partition in kind if practicable; otherwise sale and division of proceeds after costs.
Prayers for appointment of commissioners or a receiver, and for an accounting and costs.

3. Joining parties and service of process

You must name and attempt to join every person who holds an interest in the property: living co-owners, heirs with recorded interests, lienholders, and parties with recorded claims. If a party is a minor, incapacitated, or unknown, the court may require a guardian ad litem or other representation.

If a co-owner won’t respond or cannot be located after reasonable effort, Arkansas law permits alternative service methods, including service by publication under the Arkansas Rules of Civil Procedure. The court may allow substituted service if personal service is not possible. Consult the rules for requirements about affidavits of due diligence and publication timelines.

For procedural rules and methods of service, see the Arkansas Rules of Civil Procedure on the Arkansas Judiciary site: https://www.arcourts.gov/rules

4. What the court can order

Once the court has jurisdiction over the parties (including those served by publication or substituted service), it has broad equitable powers to divide the property:

Partition in kind: physically divide the land among owners if a fair division is practicable.
Partition by sale: if division in kind would be impractical or inequitable, the court can order a public sale and divide the net proceeds according to ownership shares.
Appointment of commissioners or a receiver: the court often appoints neutral persons to survey, value, and sell or divide the property and report back to the court.

5. If owners don’t respond: practical and legal effects

Nonresponsive defendants do not stop a partition action once the court has authorized service methods that satisfy due process (e.g., publication after reasonable efforts). The court may enter default against those who fail to appear and proceed with partition. However, the court must still protect the absent owners’ interests by requiring appropriate notice, appointing guardians for minors or unknown heirs, and ensuring a fair accounting before distributing proceeds.

6. Special issues for inherited property

Probate and title: confirm whether the estate’s probate is complete and whether title passed cleanly to heirs. If the estate did not transfer title properly, you may need to resolve probate or quiet-title matters first.
Heirs and unknown owners: the court will require efforts to locate heirs. If heirs remain unknown, the court can allow publication and appoint a representative or guardian ad litem.
Liens and mortgages: lienholders must be named and may participate to protect their security interest; sale proceeds pay valid liens according to priority.

7. Timeline and costs

Time: A straightforward partition can take several months. Cases with missing or uncooperative owners, title problems, or contested valuation often take 9–18 months or longer.

Costs: expect filing fees, service and publication costs, fees for commissioners or appraisers, possible guardian ad litem fees, and attorneys’ fees. The court may allocate some costs against the estate or sale proceeds.

8. Typical case flow (step-by-step)

Search title and probate records; identify all owners, heirs, and lienholders.
Attempt voluntary settlement or buy-out among co-owners (cheaper and faster).
If no agreement, prepare and file a partition complaint in circuit court where the land sits.
Request service on all defendants. If owners are unlocated, prove due diligence and ask the court for service by publication or substituted service.
Await defendants’ responses. If absent, seek default or proceed under court schedule after publication period ends.
Court appoints commissioners or a receiver to value and divide/sell the property.
Commissioners report; court confirms division or authorizes sale; proceeds distributed after liens and costs are paid.

Helpful Hints

Start with title and probate searches. Knowing exactly who holds record title and whether an estate closed will speed the case.
Document your efforts to locate absentee co-owners. Courts require proof of reasonable diligence before allowing service by publication.
Consider mediation or a buyout offer before filing. Partition litigation is costly and can reduce the property’s value through forced sale.
If minors or incapacitated persons might inherit, notify the court early so it can appoint a guardian ad litem to protect their interest.
Get professional valuations (appraisals) if the court will consider an in-kind division or sale price. The court relies on neutral valuations.
Expect the court to pay lienholders from sale proceeds. Clear liens when possible before filing to simplify distribution.
Keep communications civil with co-owners. A written settlement can avoid litigation and save significant money and time.
Ask about title insurance and whether the proposed sale or division will require clearing clouds on title; this may add cost and time.

Where to find the law and court rules

Arkansas partition statutes are in the Arkansas Code, Title 18 (Property), Chapter 60: https://www.arkleg.state.ar.us/ArkansasCode/Title/18/Chapter/60

Arkansas Rules of Civil Procedure (service and publication rules, pleadings, defaults): https://www.arcourts.gov/rules

When to talk to an attorney

Consider consulting an Arkansas real estate litigation attorney if:

Title or probate issues complicate ownership.
You face uncooperative or unknown co-owners and must use substituted service or publication.
Significant liens, disputes over value, or claims of exclusive possession exist.
You want help drafting pleadings, conducting a diligence search, or representing your interests at sale proceedings.

Disclaimer: This article explains general Arkansas law and common procedures for partition actions. It is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed Arkansas attorney.