What does “partition of land” mean?

A “partition” occurs when the court determines how to divide land among the parties who own it.  When the land cannot be divided fairly, the court orders that the property be sold and the proceeds be divided among the parties.

If you and others own the same piece of land, and you are interested in dividing up your interests, you can ask the court to either divide the land or order the sale of the land and then divide the sales proceeds.

Who may request a partition of land?

According to Ark. Code 18-60-401, any persons having any interest in, and desiring a division of land held in:

• joint tenancy,
• tenants in common, or
• under an estate by the entirety when the owners shall have been divorced, except when the property involved shall be a homestead and occupied by either of the divorced persons,

shall file in the circuit court a written petition.

If property is owned by more than one party, and the parties cannot agree on how it should be divided, they may ask the court to partition their property.

What Arkansas law says about the partition of land:

(b) (1) This petition shall contain a description of the property, the names of those having an interest in it, and the amount of the interest shall be briefly stated in ordinary language, with a prayer for the division and for a sale thereof if it shall appear that partition cannot be made without great prejudice to the owners.

(2) Thereupon all persons interested in the property who have not united in the petition shall be summoned to appear.

The partition of land can be complicated, so please consult legal counsel for assistance with this process.