Partition Action Complaint - Arizona

COMPLAINT FOR PARTITION OF REAL PROPERTY — ARIZONA

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. The Subject Property
6. Cotenancy and Title
7. Count One — Partition (A.R.S. § 12-1211)
8. Count Two — Accounting and Equitable Adjustments
9. Heirs Property Allegations (A.R.S. § 12-3401 et seq.)
10. Manner of Partition
11. Prayer for Relief
12. Verification
13. Arizona Practice Notes
14. Certificate of Service
15. Sources and References

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

CASE NO. [________________________________]

COMPLAINT FOR PARTITION OF REAL PROPERTY

2. INTRODUCTION

Plaintiff [PLAINTIFF NAME] ("Plaintiff"), a cotenant of the real property described below, brings this action pursuant to A.R.S. § 12-1211 et seq. (and, where applicable, the Uniform Partition of Heirs Property Act, A.R.S. § 12-3401 et seq.) for partition of the real property commonly known as [PROPERTY ADDRESS], located in [COUNTY] County, Arizona (the "Property"), and for an accounting and equitable adjustments among the cotenants. Plaintiff alleges:

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] is a resident of [COUNTY / STATE] and owns an undivided [____] interest (e.g., 1/2) in the Property as a tenant in common.

3.2. Defendant [DEFENDANT 1] is, on information and belief, a resident of [COUNTY / STATE], and owns an undivided [____] interest in the Property as a tenant in common.

3.3. Defendant [DEFENDANT 2] is, on information and belief, [an individual / a corporation / a trust / a lienholder] who holds or claims an interest in the Property as [cotenant / mortgagee / judgment lienholder / ________].

3.4. Pursuant to A.R.S. § 12-1212, Plaintiff joins all unknown owners and all persons claiming any right, title, or interest in the Property, who may be served by publication if their identities or whereabouts cannot be ascertained after diligent inquiry.

3.5. The interests of all cotenants and lienholders, as presently known, are as follows:

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction pursuant to A.R.S. § 12-1211, which authorizes the superior court to compel partition of real property among joint owners or tenants in common.

4.2. Venue is proper in this Court because the Property is real property situated in [COUNTY] County, Arizona. (A.R.S. § 12-401(12); § 12-1211.)

5. THE SUBJECT PROPERTY

5.1. The Property is real property located at [STREET ADDRESS], [CITY], [COUNTY] County, Arizona [ZIP], identified by Assessor's Parcel Number [APN: ____________________].

5.2. The Property is legally described as:

[INSERT FULL LEGAL DESCRIPTION FROM DEED / TITLE REPORT — METES AND BOUNDS OR LOT-AND-BLOCK]

5.3. The Property consists of [describe: single-family residence / vacant land / ____ acres / multi-unit building] and is [occupied by ________ / vacant].

5.4. An abstract of title for the Property ☐ is attached as Exhibit "[__]" ☐ will be obtained pursuant to A.R.S. § 12-1214.

6. COTENANCY AND TITLE

6.1. Plaintiff and Defendants [name cotenants] own the Property as ☐ tenants in common ☐ joint tenants, in the undivided fractional shares set forth in Section 3.5 above.

6.2. Title was acquired by ☐ deed dated [__/__/____], recorded with the [COUNTY] County Recorder as Recording No. [____________________]; ☐ inheritance / a deed of distribution or affidavit of succession from [DECEDENT NAME], who died on [__/__/____]; ☐ other: [________________].

6.3. No agreement among the cotenants prohibits or restricts the right to partition the Property.

6.4. The right of partition is an incident of common ownership; as a cotenant, Plaintiff is entitled to compel partition or sale under A.R.S. § 12-1211.

7. COUNT ONE — PARTITION (A.R.S. § 12-1211)

7.1. Plaintiff incorporates paragraphs 1 through 6.4 as if fully set forth herein.

7.2. Plaintiff and Defendants own the Property as cotenants. Plaintiff desires to terminate the cotenancy and is entitled to compel partition under A.R.S. § 12-1211.

7.3. Plaintiff requests that the Court enter judgment determining the interests of the parties and appoint commissioners (and a surveyor, if needed) pursuant to A.R.S. § 12-1215 to partition the Property in kind among the cotenants according to their respective interests.

7.4. If the commissioners report that the Property is so situated that a fair and equitable division cannot be made, or that a fair partition cannot be made without depreciating the value of the Property, Plaintiff requests that the Property be sold and the proceeds distributed among the parties according to their interests pursuant to A.R.S. § 12-1218.

8. COUNT TWO — ACCOUNTING AND EQUITABLE ADJUSTMENTS

8.1. Plaintiff incorporates the foregoing paragraphs as if fully set forth herein.

8.2. In connection with the partition, Plaintiff seeks an accounting and equitable adjustment of the contributions and benefits among the cotenants, as Arizona law authorizes reimbursement of a cotenant for amounts paid for the common benefit of the Property.

8.3. Plaintiff has paid, in excess of Plaintiff's proportionate share, the following amounts for the benefit and preservation of the Property, for which Plaintiff seeks contribution and credit:

• ☐ Real-property taxes and assessments: $[____________];
• ☐ Mortgage / deed-of-trust principal and interest payments: $[____________];
• ☐ Insurance premiums: $[____________];
• ☐ Necessary repairs and maintenance: $[____________];
• ☐ Permanent improvements that enhanced the value of the Property: $[____________];
• ☐ Other: [________________________________]: $[____________].

8.4. Defendant(s) [NAME] have had exclusive use and possession of the Property and/or have received rents and profits in the amount of $[____________], for which an accounting and offset is sought, including the reasonable rental value attributable to any ouster of Plaintiff.

8.5. Plaintiff requests that the Court make such equitable adjustments among the parties, including owelty to equalize the shares where partition in kind results in an unequal division, so that the partition is fair and equitable.

9. HEIRS PROPERTY ALLEGATIONS (A.R.S. § 12-3401 et seq.)

9.1. Plaintiff incorporates the foregoing paragraphs as if fully set forth herein.

9.2. The Property ☐ is ☐ is not "heirs property" within the meaning of A.R.S. § 12-3402 because: there is no agreement in a record binding all cotenants governing partition; one or more cotenants acquired title from a relative ([DECEDENT / RELATIVE NAME]); and [20% or more of the interests are held by relatives / 20% or more of the cotenants are relatives / 20% or more of the interests are held by an individual who acquired title from a relative].

9.3. If the Court determines the Property is heirs property, Plaintiff requests that the Court proceed under A.R.S. § 12-3401 et seq., including:

• (a) Determining the fair market value of the Property by ordering an appraisal by a disinterested licensed appraiser, unless the cotenants agree to value or the Court finds appraisal cost-prohibitive (A.R.S. § 12-3405);
• (b) Affording cotenants the right to buy out the interest(s) of any cotenant requesting partition by sale, at the value determined, within the statutory period (A.R.S. § 12-3407);
• (c) Ordering partition in kind unless the Court finds it would result in great prejudice to the cotenants as a group, considering the statutory factors (current use, ancestral/sentimental value, contributions to taxes and upkeep, etc.) (A.R.S. §§ 12-3408, 12-3409); and
• (d) If a sale is ordered, conducting it by open-market sale, sealed bids, or auction as provided in A.R.S. § 12-3410, with the open-market sale preferred unless the Court finds another method more advantageous.

9.4. Plaintiff acknowledges the notice-by-posting requirement: if Plaintiff seeks service by publication and the Court determines the Property may be heirs property, Plaintiff will post and maintain a conspicuous sign on the Property as required by A.R.S. § 12-3404(B).

10. MANNER OF PARTITION

10.1. Plaintiff alleges that the Property ☐ CAN be fairly and equitably divided in kind among the cotenants according to their respective interests without depreciating its value; OR ☐ CANNOT be fairly divided in kind because [the Property is a single residence on a single lot / fair partition cannot be made without depreciating the value / ________], such that a sale and division of the net proceeds is necessary under A.R.S. § 12-1218.

10.2. Upon any sale, Plaintiff requests that the net proceeds be distributed among the parties according to their respective interests, after payment of liens and the costs of the action.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. ☐ Determine the respective interests of all parties in the Property;

B. ☐ Enter judgment of partition and appoint commissioners (and a surveyor, if needed) to partition the Property in kind among the cotenants according to their interests (A.R.S. §§ 12-1215, 12-1216);

C. ☐ If the Property cannot be fairly divided in kind, order the Property sold and the proceeds distributed among the parties according to their respective interests (A.R.S. § 12-1218);

D. ☐ Determine whether the Property is heirs property and, if so, apply the appraisal, buyout, and sale provisions of the Uniform Partition of Heirs Property Act (A.R.S. § 12-3401 et seq.);

E. ☐ Order an accounting and equitable adjustments among the cotenants for taxes, mortgage payments, insurance, repairs, and improvements, offset by rents and profits received and any ouster, and award owelty as necessary;

F. ☐ Award the costs of this action, including the compensation of the commissioners and surveyor (A.R.S. § 12-1225) and reasonable attorney's fees as authorized by law, apportioned among the parties as equitable; and

G. ☐ Grant such other and further relief as the Court deems just and proper.

DATED: [__/__/____]

Respectfully submitted,

[________________________________]
[ATTORNEY NAME] (AZ Bar No. [____________])
[LAW FIRM NAME]
[ADDRESS]
[PHONE / EMAIL]
Attorney for Plaintiff

12. VERIFICATION

STATE OF ARIZONA )
COUNTY OF [________________] )

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the above-entitled action, that I have read the foregoing Complaint for Partition of Real Property, and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [____________], [______].

[________________________________]
Notary Public
My commission expires: [__/__/____]

13. ARIZONA PRACTICE NOTES

Forum and statute. Partition actions are filed in the superior court of the county where the land lies under A.R.S. § 12-1211 et seq. There is no statute of limitations on a statutory partition action. (Occhino v. Occhino, 164 Ariz. 482 (App. 1990).)

Right to partition. The right of partition is an incident of common ownership; absent a valid private partition agreement, any cotenant may compel partition or sale. (McCready v. McCready, 168 Ariz. 1 (App. 1991); Cohen v. Frey, 215 Ariz. 62 (App. 2007).)

Commissioners; sale. The court appoints commissioners to study whether physical division is appropriate (A.R.S. §§ 12-1215 to 12-1217); if not, the property is sold and the net proceeds divided (A.R.S. § 12-1218). A court-appointed real estate broker ("Special Commissioner") often conducts the sale.

Heirs Property Act (HB 2521). Arizona adopted the UPHPA in 2024 (A.R.S. § 12-3401 et seq.), applicable to partition actions filed on or after the effective date. The court must determine whether the property is heirs property and, if so, apply the appraisal/buyout/preference-for-partition-in-kind regime unless all cotenants agree otherwise. Confirm the effective date and current text before relying.

Accounting. Arizona allows equitable reimbursement among cotenants for contributions toward taxes, mortgage, insurance, and necessary improvements, with offsets for rents and ouster; these are resolved as part of the equitable distribution of sale proceeds.

Attorney's fees. Fees and the commissioners' compensation may be apportioned among the parties; confirm the applicable fee authority (statute, A.R.S. § 12-341.01 in contract-related disputes, or common-fund principles).

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____], a copy of the foregoing COMPLAINT FOR PARTITION OF REAL PROPERTY was served upon the following parties in the manner indicated:

[________________________________]
[ATTORNEY NAME]

15. SOURCES AND REFERENCES

• A.R.S. §§ 12-1211 to 12-1225 (Partition — Title 12, Ch. 8, Art. 7)
• A.R.S. § 12-1211 (Compelling partition; complaint)
• A.R.S. § 12-1218 (Sale when property incapable of fair division; distribution of proceeds)
• A.R.S. §§ 12-3401 to 12-3414 (Uniform Partition of Heirs Property Act; HB 2521, 2024)
• McCready v. McCready, 168 Ariz. 1, 810 P.2d 624 (App. 1991) (right to partition)
• Cohen v. Frey, 215 Ariz. 62, 157 P.3d 482 (App. 2007) (statutory partition)
• Occhino v. Occhino, 164 Ariz. 482, 793 P.2d 1149 (App. 1990) (no limitations period)
• Uniform Law Commission, Partition of Heirs Property Act

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