Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-1211 (2026)

Compelling partition; complaint

✓ current as of May 2026
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A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and other owners or claimants by filing a complaint in the superior court of the county in which the property, or a portion thereof, is situated.

B. The complaint shall state:

1. The names and residences, if known, of each of the owners or claimants.

2. The share or interest which plaintiff and the owners or claimants own or claim, so far as known to plaintiff.

3. A description of the real property to identify it and its estimated value.

Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 1969–2024 · leading case: McCready v. McCready, 810 P.2d 624 (Ariz. Ct. App. 1991).
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McCready v. McCready, 810 P.2d 624 (Ariz. Ct. App. 1991). · cites it 8× “ing this hearing and the court’s being advised that the parties had been unable to negotiate any disposition of the property, the court issued a ruling by minute entry on October 31, 1989, which found that the property was held by the parties as tenants in common 2 and that,…”
Cohen v. Frey, 157 P.3d 482 (Ariz. Ct. App. 2007). · cites it 2× “Arizona’s partition statutes, A.R.S. §§ 12-1211 through 12-1225, provide for a judicial division of disputed property between co-owners or, if “fair and equitable division of the property or any part thereof cannot be made,” for “sale of the property which is incapable of…”
Carroll v. Lee, 712 P.2d 923 (Ariz. 1986). · cites it 2× “After the parties “split up” Judy filed a partition action pursuant to A.R.S. § 12-1211. A bench trial was held and both parties testified.”
Dole v. Hon. blair/dole, 463 P.3d 849 (Ariz. Ct. App. 2020). · cites it 2× “See A.R.S. § 12-1211. Also, by ordering that the property be held jointly with a right of survivorship, the superior court denied both parents control over the disposition of their sole and separate property upon their death.”
Occhino v. Occhino, 793 P.2d 1149 (Ariz. Ct. App. 1990). · cites it 4× “A.R.S. § 12-1211; Lawson v. Ridgeway, 72 Ariz.”
Cuprite Mine Partners v. John Anderson, 809 F.3d 548 (9th Cir. 2015). “Ariz.Rev.Stat. § 12-1211(A); McCready v. McCready, 168 Ariz.”
Owens v. M.E. Schepp Ltd. P'ship, 182 P.3d 664 (Ariz. 2008). “”) §§ 12-1211 to -1225 (2003). The Partnership counterclaimed, contending that statutory partition was inappropriate because the parties had entered into an oral voluntary partition agreement; the counterclaim sought specific performance of that agreement.”
Owens v. M.E. Schepp Ltd. P'ship, 165 P.3d 674 (Ariz. Ct. App. 2007). · cites it 2× “") section 12-1211 to -1225 (2003), and an accounting for rents and profits.”
Register v. Coleman, 633 P.2d 418 (Ariz. 1981). “” The partition of real property is a statutory procedure, set forth in the Arizona Revised Statutes at §§ 12-1211 et seq. As such, the proceedings are governed by the statute.”
Saxon v. Riddel, 493 P.2d 127 (Ariz. Ct. App. 1972). · cites it 2× “Moreover, in our opinion, this statute does not increase the court’s common law power to compel a sale of co-owned property, but merely allows the combining of a partition action under A.R.S. § 12-1211 et seq. with the pending divorce proceeding insofar as joint tenancy, tenancy…”
Malhotra v. Malhotra, 377 P.3d 376 (Ariz. Ct. App. 2016). · cites it 3× “See A.R.S. §§ 12-1211 to -1225; Cohen v. Frey, 215 Ariz.”
Mounce v. Coleman, 650 P.2d 1233 (Ariz. Ct. App. 1982). · cites it 2× “In their counterclaim the appellants prayed, in the alternative, if the court was unable to determine the precise legal description of the twenty acres, that it be adjudged that they own an undivided one-half interest in the southwest quarter of the southeast quarter and that…”
Show all 22 citing cases →
— Ariz. Rev. Stat. § 12-1211(A) — 4 cases
Cuprite Mine Partners v. John Anderson, 809 F.3d 548 (9th Cir. 2015). “Ariz.Rev.Stat. § 12-1211(A); McCready v. McCready, 168 Ariz.”
McCready v. McCready, 810 P.2d 624 (Ariz. Ct. App. 1991). “ing this hearing and the court’s being advised that the parties had been unable to negotiate any disposition of the property, the court issued a ruling by minute entry on October 31, 1989, which found that the property was held by the parties as tenants in common 2 and that,…”
Occhino v. Occhino, 793 P.2d 1149 (Ariz. Ct. App. 1990). “A.R.S. § 12-1211; Lawson v. Ridgeway, 72 Ariz.”
Stedman v. Polomski (Ariz. Ct. App. 2020).
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