Title 18 — Property

(a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, …

A.C.A. § 18-60-402Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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 curtesy in the premises, if it has not been admeasured, shall be made a party to the petition. (b) In cases in which one (1) or more of th…

A.C.A. § 18-60-404Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) The statutory guardian of an infant or of an individual with mental illness may file or unite in the petition in the names of, and in conjunction with, the infant or person of unsound mind. (b) (1) If the petition is filed against infants or individuals with mental illness, t…

(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 or after any proceedings by virtue thereof, to appoint a guardian for any minor, whether the minor resides in or out of this state. The guardian, for all…

Parties interested may be constructively summoned as provided by Rule 4 of the Arkansas Rules of Civil Procedure.

Any person having an interest in the premises sought to be divided or sold, whether the interest is present or future, vested or contingent, though not made a party in the petition may appear and, on showing his or her interest by affidavit to the satisfaction of the court, be ma…

Upon a petition by all interested in the property being filed, or upon a summons being served upon all who have an interest in the property, and who have not united in the petition ten (10) days before commencement of the term, the court may make an order for the division accordi…

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 the petition, he or she shall do so by a written answer, and the questions of law and fact thereupon arising shall be tried and det…

If any of the parties duly notified by personal service or publication shall not appear and plead within the time allowed by the court for that purpose, the default shall be entered. The petitioners shall, nevertheless, make out their case by the exhibition to the court of the ev…

(a) The court shall ascertain, from the evidence in case of default or from the confession by answer of the parties, if they appear, and shall declare the rights, titles, and interests of all the parties to the proceedings, petitioners as well as defendants, so far as they shall …

No partition or sale of land, tenements, or hereditaments devised by any last will and testament shall be made, under the provisions of this act, contrary to the intention of any testator as expressed in his or her last will and testament.

(a) (1) Whenever any judgment of partition shall be rendered, the court may, by rule or order, appoint not fewer than three (3) nor more than five (5) commissioners who are residents of the county in which the premises to be divided is situated to make the partition so adjudged, …

(a) (1) The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or a majority of them, that partition of the premises cannot be made without great prejudice to the owners.(2) In such a case they shall …

(a) Upon a report of the divisions by the commissioners appointed for that purpose being returned, the court may confirm or set aside the report or remand it to the commissioners for correction. (b) Upon good cause shown by either party, on the report being made and returned to t…

On the confirmation of the report of the division of lands, the commissioners, or some commissioner appointed for the purpose, shall make a deed or deeds of partition, conveying to each party the land allotted to him or her in severalty, which shall be approved by the court and r…

The costs of the division shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the party adjudged to be in the wrong.

(a) (1) In all suits in any of the courts of this state for partition of lands when a judgment is rendered for partition in kind, or a sale and a partition of the proceeds, the court rendering the judgment or decree shall allow a reasonable fee to the attorney bringing the suit.(…

(a) If the commissioners appointed under this subchapter report to the court that all or part of the land or tenements of which partition had been directed are so situated that partition cannot be made without great prejudice to the owners of the land or tenements, the court may,…