Detailed Answer
Under Arkansas law, when multiple heirs inherit real property as co-owners and cannot agree on its use or sale, any co-owner can initiate a partition action in circuit court to force a sale. Partition actions let the court divide property in kind (physical division) or, if division would harm its value, order a public sale and distribute proceeds.
Filing a Partition Action
First, you file a complaint for partition in the circuit court of the county where the property lies. You must name all co-owners as defendants and serve them with notice. Each co-owner can respond and assert rights or claim offsets for improvements.
Partition in Kind vs. Partition by Sale
The court examines whether you can physically divide the land without unfairly reducing its market value. If division in kind is practicable, the judge orders separate parcels assigned to each owner based on share. If division in kind would impair value, the court orders a partition by sale.
When the court orders sale, it typically appoints three commissioners to appraise and market the property. After a public auction, the court deducts costs (appraisal, advertising, commissions) and distributes net proceeds to co-owners according to their ownership percentages.
Relevant Arkansas Statutes
- Ark. Code Ann. § 18-60-101: Authorization to bring partition actions.
- Ark. Code Ann. § 18-60-102: Procedure for filing and service.
- Ark. Code Ann. § 18-60-103: Appointment of commissioners and division in kind.
- Ark. Code Ann. § 18-60-201: Procedures for ordering sale and distribution of proceeds.
Helpful Hints
- Gather deeds, wills, and title documents before filing.
- Consider informal mediation to reach an agreement and avoid court costs.
- Be prepared for filing fees, appraiser costs, and attorney’s fees.
- Discuss ownership percentages and any improvements with co-owners in writing.
- Consult a qualified Arkansas real estate attorney to navigate court procedures.