What Process Allows a Party to Force Sale of Property Through a Partition Hearing?

Disclaimer: This article does not provide legal advice. It is for informational purposes only.

Detailed Answer

Under Arkansas law, co-owners of real estate have a right to seek a court-ordered partition when they cannot agree on use, management, or disposition of property they own together. A partition action lets a co-owner force either a physical division of the land (partition in kind) or a sale of the entire property with proceeds divided among owners.

Key Arkansas statutes governing partition actions appear in Title 18, Chapter 60 of the Arkansas Code Annotated. The general process is:

1. Filing the Petition (Ark. Code Ann. § 18-60-301): One co-owner (the petitioner) files a written petition in the circuit court of the county where the property sits. The petition must identify all co-owners (respondents), describe the property, and state whether the petitioner seeks a physical division or a sale.
2. Service of Citation (Ark. Code Ann. § 18-60-302): After filing, the petitioner serves each co-owner with a court citation and a copy of the petition. Respondents must file an answer within the time set by Rule 12 of the Arkansas Rules of Civil Procedure.
3. Court Hearing (Ark. Code Ann. § 18-60-303): If co-owners dispute who contributes what to the property (improvements, taxes, etc.), the court will hold a hearing to determine credits or offsets. The hearing also confirms whether physical division is practical or if sale is necessary.
4. Partition in Kind vs. Sale (Ark. Code Ann. § 18-60-304): The court prefers dividing property into distinct parcels where it can be done without substantial prejudice to any party. If the land’s shape, size, location, or improvements make division impractical, the court orders a sale.
5. Sale of Property (Ark. Code Ann. § 18-60-307): When sale is ordered, the court appoints commissioners or an auctioneer to sell the property at public sale. The sale must follow local auction rules, and the court approves the sale report, confirming the highest bidder and sale price.
6. Distribution of Proceeds (Ark. Code Ann. § 18-60-308): After sale, the court deducts costs—such as appointment fees, advertising, court costs, and commission—then distributes net proceeds to each co-owner based on their ownership interest and any credits awarded during the hearing.

Throughout the process, parties can negotiate settlements or buyouts. If co-owners agree on a private sale or one owner buys out others, the court can enter a consent order, avoiding public auction.

Helpful Hints

• Gather all property records, deeds, and evidence of contributions (improvements, taxes, insurance) before filing.
• Consider mediation or negotiation to avoid costly litigation and public sale.
• Understand that partition in kind may reduce overall value if land is not easily divisible.
• Prepare for an appraisal if the court orders a sale—they determine fair market value and set auction minimums.
• Keep track of deadlines: service of citation, filing an answer, and report submissions.
• Consult a licensed Arkansas attorney for personalized guidance and to draft necessary pleadings.