What to do when a co-owner won’t sell inherited land in Arkansas

Short answer: If you and one or more relatives co-own an inherited parcel and one co-owner refuses to list or sell it, you can ask an Arkansas circuit court to force a sale by filing a partition action. The court will evaluate whether the property can be divided (partition in kind). If it cannot be fairly divided, the court can order a sale and divide the proceeds among the owners after paying liens and costs.

Detailed answer — how forced sale (partition) works in Arkansas

This section explains the steps, legal basis, and likely outcomes under Arkansas law. This is educational information only and not legal advice.

1. Confirm ownership and title

Before doing anything, gather documents that show who legally owns the property: the probate order or deed that transferred title to the heirs, the recorded deed, any will or trust language, and any mortgage or lien records. You must be a current legal owner (or someone claiming ownership) to bring a partition action.

2. Try to resolve it without court

Courts expect parties to try negotiation first because litigation costs reduce net value. Options include:

Ask the unwilling co-owner for a written buyout offer or a deadline to list with a realtor.
Offer mediation or neutral appraisal to find fair market value.
Propose a limited listing period with agreed terms (price range, commission, sale method).

3. Filing a partition action (forced sale) in circuit court

If negotiation fails, an owner may file a partition action in the circuit court where the land lies. In Arkansas, partition actions are the normal civil route to divide property when co-owners cannot agree. The court will:

Determine whether a partition in kind (physically dividing the land) is practical and fair.
If partition in kind is impracticable or inequitable, order a sale of the entire property and a distribution of proceeds among the owners according to their ownership shares.
Resolve disputes over contributions, improvements, or encumbrances that affect distribution.

The statute framework for partition and related remedies appears in Arkansas statutes governing civil actions for possession and partition. You can review Arkansas statutes and search for the partition provisions at the Arkansas General Assembly website: https://www.arkleg.state.ar.us.

4. Practical mechanics and outcomes

What typically happens after filing:

The court issues process to all co-owners and gives them an opportunity to respond.
The court may order a survey, appraisal, or appointment of a commissioner to recommend division or sale terms.
If physical division is possible (for example, separate lots with access and roughly equal value), the court may divide the property between owners.
If physical division is not feasible (e.g., a single-family home, a small parcel, or unequal values), the court will order a sale — often by public auction or other court-supervised sale — with proceeds split after paying liens, taxes, costs, and attorney fees as allowed by the court.
The court can also address who gets credit for necessary expenses paid by one owner (taxes, mortgages, repairs) and subtract those amounts from the distributive shares.

5. Costs, timeline, and risks

Expect months from filing to final sale and distribution. Litigation costs reduce proceeds. If the property has mortgages or other liens, the liens normally must be paid from sale proceeds in order of priority. An owner who seeks partition should weigh likely net proceeds against the costs and delay of litigation. Courts sometimes award attorney fees or costs against a party whose conduct unreasonably forced the action, but that is discretionary.

6. Alternatives and tactical steps

Offer to buy the refusing owner’s share at a fair price computed from recent appraisal(s).
Seek a court-ordered buyout where the court appoints a commissioner to value shares and set buyout terms.
Propose a temporary management agreement to protect property value while owners seek a permanent solution.
Consider bringing a quiet-title or accounting claim if other title issues or encumbrances exist.

Common questions people ask

Can one co-owner just kick another out or sell the whole property without consent?

No. A co-owner cannot unilaterally sell the whole property or exclude other legal co-owners. A partition action is the legal mechanism to force a sale or division when co-owners disagree.

Will the court always order a sale at auction?

No. The court prefers partition in kind if it results in fair division. Sale becomes likely when physical division would be impractical or would substantially reduce value.

Can I get credit for money I put into the property (repairs, taxes, mortgage payments)?

Yes. Courts generally account for contributions by one co-owner that benefit the property and may adjust distributions accordingly. You should bring documentation (receipts, bank records, cancelled checks).

Helpful Hints

Collect and organize all documents: deed, probate order, mortgage statements, tax bills, insurance invoices, receipts for repairs, and any written communications about offers to sell.
Get a professional appraisal early so you and the court have a reliable value baseline.
Try mediation first — it can save money and preserve family relationships.
Speak with a local Arkansas real estate or probate attorney to evaluate prospects, likely costs, and net proceeds. An attorney can also draft buyout offers and represent you in court if needed.
Be realistic about timing — partition litigation can take many months and can reduce sale proceeds due to court costs and fees.
If the property has a mortgage, contact the lender to understand payoff requirements and how a sale will affect the loan.

Disclaimer: This article explains general Arkansas law and common practice. It is for informational and educational purposes only and is not legal advice. For advice about your specific situation, consult a licensed Arkansas attorney.