Short answer

If you still co-own real property with your ex in Arkansas, your primary legal route to force a sale or division is a judicial partition action in circuit court. Other practical options include negotiating a buyout, enforcing any property terms in the divorce decree, using mediation, or pursuing equitable accounting or lien remedies in limited circumstances. A court-ordered partition can divide the land in kind (rare) or order a sale and distribute proceeds among co-owners.

Detailed answer — what Arkansas law allows and how it works

When two or more people own real property together (as tenants in common or joint tenants), each owner has the right to seek judicial partition. In Arkansas, partition cases are filed in circuit court where the land lies. The court may:

• Order partition in kind — physically divide the property among the owners, if practical.
• Order a sale of the property and divide the proceeds among the owners according to their ownership shares and any court-determined adjustments (for contributions, improvements, liens, or unequal equities).
• Appoint a commissioner or special master to manage sale and distribution procedures.

Practical points under Arkansas procedures:

1. Filing the action: You (or your attorney) file a petition for partition in the circuit court for the county where the property is located. The petition must name all known owners and interested parties (mortgage lenders, lienholders, parties with recorded interests).
2. Service and joinder: All co-owners and necessary parties must be served with process so the court can adjudicate rights in the property.
3. Defenses and offsets: The court may consider claims that one owner paid more toward mortgage, taxes, or improvements and may adjust the distribution of sale proceeds accordingly.
4. Sale procedure: If sale is ordered, the court usually directs how the sale occurs (public auction or broker sale), confirms the sale, pays liens and costs, and distributes net proceeds.
5. Costs and fees: The court may award costs and attorneys’ fees in some circumstances; parties should expect to pay court costs and fees related to sale or partition commissioners.

Relevant Arkansas resources: For statutory language and procedure, consult the Arkansas Code and the Arkansas Judiciary for circuit court information. The Arkansas Legislature website provides access to statutes and you can search the code for “partition” and related terms: https://www.arkleg.state.ar.us/. For court procedure and forms, see the Arkansas Judiciary: https://www.arcourts.gov/.

Other routes besides partition

Consider these alternatives before or instead of a partition lawsuit:

• Buyout agreement — negotiate a fair buyout where one owner buys the other’s share, documented by a deed and closing. Use a written, signed agreement and record the deed to change title.
• Enforce divorce decree — if your divorce decree allocated the property or required sale, you can ask the family court (or the court that issued the decree) to enforce its orders. The decree may already specify how property should be divided; if so, take a certified copy to the circuit court or back to family court to enforce compliance.
• Mediation or collaborative settlement — mediated settlement can produce faster and cheaper outcomes than litigation and can preserve control over timing and price of sale.
• Refinance or clear liens — if a mortgage is on the property, one co-owner can refinance in their own name (if credit permits) and buy out the other owner’s equity.
• Equitable remedies — in limited situations a co-owner may seek an accounting, declaratory judgment, or injunctive relief (e.g., to stop waste or protect value). These actions are fact-specific.

When partition might be denied or delayed

Court may delay or tailor relief if:

• Partition in kind would be impractical because land cannot be fairly divided.
• There are unresolved title disputes or complicated liens.
• A co-owner has equitable claims (claims for reimbursement, improvement credits) that require resolution first.
• The parties agree to stay litigation to pursue settlement or refinancing.

What to expect in court

Typical timeline and steps:

1. Prepare and file petition for partition; identify all owners and claimants.
2. Service of process and opportunity for response/defense from co-owners.
3. Pretrial matters: discovery of title documents, mortgages, evidence of contributions/improvements.
4. Hearing or trial on ownership shares and equitable adjustments.
5. Order for partition in kind or sale; if sale, follow court’s sale process and confirmation hearing.
6. Distribution of sale proceeds after payment of liens and costs.

Helpful Hints

• Gather documents now: deed(s), divorce decree, mortgage statements, tax bills, receipts for improvements, insurance policies, and any written agreements about the property.
• Check your divorce decree closely: if it awarded or ordered sale of the property, start with enforcement in the issuing court before filing a new partition suit.
• Consider mediation first: it is faster, cheaper, and gives you control over price and timing of sale.
• Expect costs for litigation and sale: attorney fees, court costs, commissioner or broker fees, and closing costs reduce net proceeds.
• Protect the property: ensure taxes and insurance are paid. If your co-owner is neglecting the property, seek immediate court relief to stop waste or to compel maintenance payments.
• Title problems: unresolved liens or unclear title can delay sale. Clear mortgages and record any deeds promptly after settlement or buyout.
• Get local counsel: property procedures and practice vary by county. A local Arkansas attorney can advise strategy, calculate likely net proceeds after offsets, and prepare court pleadings properly.