Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
Under Arkansas law, a partition action divides co-owned real property among co-tenants or orders its sale. A court-appointed commissioner oversees the physical division or sale. The following steps outline how to initiate or consent to such an action.
1. Confirm Co-Tenant Status and Property Interest
Only parties with a legal interest—such as tenants in common or joint tenants—may seek partition. Review deeds, wills, or trusts to establish ownership shares.
2. File a Complaint for Partition
File your complaint in the circuit court of the county where the property sits. Arkansas law requires the complaint to:
- Identify all co-owners by name and residence.
- Describe the property with a legal description.
- State the type of partition requested—physical division or sale.
Statute: Ark. Code Ann. § 18-60-301.
3. Serve All Co-Tenants
Proper service of process ensures every co-tenant has notice. Methods include personal service or certified mail per Rule 4 of the Arkansas Rules of Civil Procedure.
4. Request Appointment of a Commissioner
Include a motion in your complaint asking the court to appoint one or more disinterested commissioners to conduct the partition. The court will enter an order under:
5. Commissioner’s Oath and Notice
Once appointed, the commissioner files an oath of office with the circuit clerk. The clerk notifies all parties of scheduling for inspection and report deadlines.
6. Inspection, Valuation, and Report
The commissioner inspects the property, values it, and proposes either:
- Physical division lines among co-tenants.
- Sale at public auction if division is impractical.
The commissioner files a written report and recommendation with the court.
7. Opportunity to Object or Consent
Parties have a statutory window (often 10 days) to file objections in writing. If all co-tenants file written consents instead, the court may confirm the commissioner’s report without a hearing.
8. Court Confirmation and Final Decree
If no valid objections arise, the court enters a final decree confirming the partition or sale. The decree allocates title or distributes sale proceeds according to ownership shares. Record the decree with the county recorder.
Helpful Hints
- Gather deeds and title documents before filing.
- Verify proper property description with the county assessor.
- Notify co-tenants early to explore informal settlement.
- Consult your circuit court’s local rules on filing fees and forms.
- Keep detailed records of service and consent forms.
- Review objections promptly to avoid delays.