Arkansas Code Title 18, Subtitle 5, Chapter 60, Subchapter 4 - Partition and Sale of Land

• § 18-60-401 - Petition -- Determination of Heirs Property -- Applicability.
  (a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned...
• § 18-60-402 - [Repealed.]
• § 18-60-403 - Parties Generally.
  (a) Every person having an interest as is specified in § 18-60-401, whether in possession or otherwise, and every person entitled to dower or...
• § 18-60-404 - [Repealed.]
• § 18-60-405 - Guardians for Infants or Individuals With Mental Illness.
  (a) The statutory guardian of an infant or of an individual with mental illness may file or unite in the petition in the names...
• § 18-60-406 - Court-Appointed Guardians for Minors.
  (a) It shall be lawful for the circuit court of the proper county, for any of the purposes intended by § 18-60-401, and before...
• § 18-60-407 - Constructive Service.
  Parties interested may be constructively summoned as provided by Rule 4 of the Arkansas Rules of Civil Procedure.
• § 18-60-408 - Intervention.
  Any person having an interest in the premises sought to be divided or sold, whether the interest is present or future, vested or contingent,...
• § 18-60-409 - Court Order for Division.
  Upon a petition by all interested in the property being filed, or upon a summons being served upon all who have an interest in...
• § 18-60-410 - Answer.
  If any person summoned, as provided in §§ 18-60-401, 18-60-405, and 18-60-409, desires to contest the rights of the petitioners or the statements in...
• § 18-60-411 - Entry of Default.
  If any of the parties duly notified by personal service or publication shall not appear and plead within the time allowed by the court...
• § 18-60-412 - Judgment.
  (a) The court shall ascertain, from the evidence in case of default or from the confession by answer of the parties, if they appear,...
• § 18-60-413 - No Partition Contrary to Terms of Will.
  No partition or sale of land, tenements, or hereditaments devised by any last will and testament shall be made, under the provisions of this...
• § 18-60-414 - Appointment of Commissioners.
  (a) (1) Whenever any judgment of partition shall be rendered, the court may, by rule or order, appoint not fewer than three (3) nor...
• § 18-60-415 - Duties of Commissioners.
  (a) (1) The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or...
• § 18-60-416 - Court Action on Commissioners' Report.
  (a) Upon a report of the divisions by the commissioners appointed for that purpose being returned, the court may confirm or set aside the...
• § 18-60-417 - Deeds of Partition.
  On the confirmation of the report of the division of lands, the commissioners, or some commissioner appointed for the purpose, shall make a deed...
• § 18-60-418 - Costs.
  The costs of the division shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest...
• § 18-60-419 - Attorney's Fees.
  (a) (1) In all suits in any of the courts of this state for partition of lands when a judgment is rendered for partition...
• § 18-60-420 - Sale of Land Not Susceptible to Division.
  (a) If the commissioners appointed under this subchapter report to the court that all or part of the land or tenements of which partition...
• § 18-60-421 - Commissioners or Other Interested Parties Not to Purchase.
  (a) (1) No commissioner nor any person for his or her benefit shall purchase or be directly or indirectly interested in the purchase of...
• § 18-60-422 - Report and Confirmation of Sale -- Conveyances.
  (a) After completing the sale, the commissioners shall report their proceedings to the court, on their oath, with a description of the different parcels...
• § 18-60-423 - Distribution of Sale Proceeds.
  The proceeds of every sale, after deducting the costs and expenses of the proceedings, shall be divided among the parties whose rights and interests...
• § 18-60-424 - Sale Without Commissioners.
  The court may order a sale without the appointment of commissioners if the court determines from the evidence presented that there is no necessity...
• § 18-60-425 - Sale of Improved Land Where Infant or Individual With Mental Illness Coparcener, Etc.
  (a) When town or city lots, or land outside of a town or city, but having upon it a building of more value than...
• § 18-60-426 - Sale of Land Held Jointly or Otherwise by Incompetent Person.
  (a) The land of an incompetent person held jointly or otherwise, by survivorship, entirety, tenancy in common, joint tenancy, or howsoever held, with another...

Last modified: November 15, 2016