Partition Action in Arizona

Understanding the Arizona Partition Law

Co-owning real estate in the Grand Canyon State can lead to unique legal stalemates. When partners disagree, Arizona Revised Statutes, Section 12‑1211 provides the statutory authority to force a division.

This legal right is considered absolute for any person holding a property interest, so you do not need the consent of other owners to begin this process.

The action is initiated by filing a formal complaint in the Superior Court. This filing triggers a specific sequence of events designed to protect your equity, so Arizona law ensures that no owner is trapped in an unproductive land partnership.

The Power of the Interlocutory Judgment

The first major milestone in an Arizona partition case is the Interlocutory Judgment, a preliminary decree that confirms each owner’s exact percentage. The court also determines if the property is capable of a physical split. This judgment is essential because it officially orders the partition to move forward.

Unlike a final deed, this document sets the terms of the sale. It prevents owners from changing their minds once the process has begun legally, and this phase provides the necessary clarity to resolve disputes over initial down payments.

Private Sales via a Special Commissioner

Arizona frequently utilizes a Special Commissioner to handle the disposition of residential homes. This official is typically a neutral real estate broker appointed by the court. Their primary goal is to obtain the highest possible Fair Market Value.

Unlike a public auction, a Special Commissioner can list the home on the MLS. This exposure to traditional buyers often results in a significantly higher sale price. They handle all negotiations and title logistics on behalf of the court.

This professional oversight removes the emotional friction often found in family property disputes.

Mandatory Cost Sharing Under Section 12‑1211

Arizona law includes a specific rule regarding the expenses of a partition. Under Arizona Revised Statutes, Section 12‑1211, the court must tax the costs of the action. These costs include the fees for the Special Commissioner and any land surveyors. These expenses are divided among the owners in proportion to their ownership shares.

Thus, each party bears the burden of the expenses to remove their equity. If, for example, you own 50 percent of the land, you must pay 50 percent of the costs to remove the land. This encourages all the owners to work together and reach a settlement.

Contact our Arizona partition attorneys today to secure your Interlocutory Judgment and protect your investment.