When Heirs Cannot Agree on Shared Property
It is common for multiple heirs to inherit undivided interests in the same asset, especially real estate. Two siblings might each have an ownership interest in a family home. Three cousins might share a parcel of land. When the parties cannot agree on what to do with the property, filing a partition petition provides a path forward.
When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court before the formal or informal closing of the estate, to make partition.
A.R.S. § 14-3911Either the personal representative or any heir can file a petition with the court requesting partition. The petition must be filed before the estate is formally or informally closed. All interested heirs and devisees receive notice so they have an opportunity to be heard.
How the Court Divides the Property
The court has two options. First, it can order partition in kind. This means physically dividing the property following the same rules used in civil partition actions. If the property can be split into distinct parcels without reducing its value, the court may order that kind of division.
If partition in kind is not practical, the court can direct a partition by sale. The personal representative sells the property, and the court divides the proceeds according to each heir's interest in the property. Beginning September 14, 2024, partition may also proceed under the Uniform Partition of Heirs Property Act (Title 12, Chapter 27). This provides additional protections for co-owners of inherited property.
What This Means for Families with Property Disputes
Property disputes among heirs can be emotionally difficult. One sibling may want to keep the family home while another needs the cash from a sale of the property. When no agreement can be reached, filing a partition petition is the legal remedy.
However, partition is typically a last resort. Reaching a private agreement among the heirs is faster, less expensive, and less stressful than asking a court to intervene. If you share an ownership interest with others and cannot agree on what to do, consider mediation before turning to the court.
For families facing these situations, acting before the estate closes is important. Once the estate is formally closed, the partition must be handled as a separate civil action rather than as part of the probate case.