When two or more people own Arizona real property together and can’t agree on what to do with it, a partition action lets any co-owner ask the Superior Court to divide the property or order it sold. It’s filed in the county where the property sits, and any co-owner can bring one — you don’t need the other owners’ consent.
These cases come up most often among siblings who inherited a home together, unmarried partners who bought jointly, and real-estate investment partners whose plans diverged. Every matter starts with a free consultation with Scott directly.
How a partition case resolves
Partition by sale
The court orders the property sold — usually through a licensed broker — and the proceeds divided in proportion to ownership, after accounting for each owner’s contributions and expenses. The most common outcome in Arizona.
Partition in kind
If the land can be fairly divided — more realistic with large or rural parcels than with a single house — the court awards each co-owner a separate, titled portion.
Negotiated buyout
Filing often moves the other side to negotiate. A private buyout avoids the cost and delay of a court-ordered sale, and is frequently where these cases end.
Accounting of contributions
Courts can adjust each owner’s share of the proceeds for unequal payment of the mortgage, property taxes, insurance, or improvements.
Arizona counties we serve
A partition action is filed in the county where the property is located. We handle them in all 15 Arizona counties:
- Maricopa County — Phoenix, Mesa, Scottsdale, Chandler, Gilbert, Glendale
- Pima County — Tucson, Oro Valley, Marana
- Yavapai County — Prescott, Sedona, Cottonwood
- Coconino County — Flagstaff
- Pinal, Mohave, Cochise and Navajo counties
Common questions
Can any co-owner file a partition action in Arizona?
Yes — through joint tenancy, tenancy in common, community property, or another form. You don’t need the other owners’ consent.
How long does a partition action take?
An uncontested case can resolve in a few months. A contested case with a court-ordered sale often runs a year or more.
What if one owner wants to buy the others out?
Common, and often the best result. Filing frequently motivates a buyout, which we negotiate and document privately.
What if a co-owner lives out of state?
The case is filed in Arizona where the property is, regardless of where any owner lives. Out-of-state owners are served under Arizona’s long-arm statute and can participate remotely.
Can I force the sale of inherited property?
Yes. When heirs inherit property together and can’t agree, any heir can bring a partition action to force a sale and take their proportionate share of the net proceeds.
What happens to the mortgage?
In a court-ordered sale, the lender is paid in full from the proceeds before any distribution to the co-owners.