Partition Disputes

Partition is a statutory procedure whereby co-tenants (for example joint tenancy, tenancy-in-common, community property) can file a court action to physically divide or sell the property.  See A.R.S. § 12-1211 et seq.  Unless the co-tenants have a private partition agreement, any co-tenant can compel sale or physical division of the property through the statutory partition process.  Under the statutory partition process, the court appoints commissioners to study whether a physical division of the property is appropriate.  If so, the property will be physically divided among the co-owners.  If not, the property will be sold by the commissioners and the net proceeds divided among the co-owners. … Read More »

Author: Kevin Parker | 1 Comment Tagged ,

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