Ariz. Rev. Stat. » Title 12

Ariz. Rev. Stat. § 12-1218

Report of commissioners when property incapable of fair division; sale; distribution of proceeds

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A. If the commissioners are of the opinion that fair and equitable division of the property or any part thereof cannot be made, they shall report such opinion to the court, stating their reasons therefor, and if the court approves such report, it shall order a sale of the property which is incapable of partition.

B. If on the trial of the action, it appears to the court that fair partition of the property cannot be made without depreciating the value thereof, or that for any reason a sale is more beneficial to the parties or any of them, it shall in the first instance, enter a judgment directing that the real property be sold.

C. The court shall appoint a commissioner to make the sale provided by subsection B and return the proceeds into court to be divided between the persons entitled thereto according to their respective interests.  Such commissioner shall sell the real property in the time and manner, and after notice, as directed by the court.

D. The purchaser shall, on production of his deed, be entitled to a writ of assistance to be issued by the clerk, commanding the sheriff or a constable of the county to put him in possession.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1981–2023 · leading case: Cuprite Mine Partners v. John Anderson
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Cuprite Mine Partners v. John Anderson (2015) ca9 · cites it 4× “Ariz.Rev.Stat. § 12-1218(B). In response to the Amended Complaint, the Defendants filed a motion to dismiss, arguing that it was improper to join all of the Defendants in a single partition action.”
Cohen v. Frey (2007) arizctapp · cites it 2× “§§ 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 partition.”
Owens v. M.E. Schepp Ltd. Partnership (2008) ariz · cites it 3× “A.R.S. § 12-1218(A). That report will necessarily include their evaluation of the Parcel as a whole and their conclusions as to why the Parcel cannot practically be divided in a manner giving each co-tenant his respective interest.”
Arnold v. Cesare (1983) arizctapp · cites it 4× “1 A.R.S. § 12-1218(B) states: “If on the trial of the action, it appears to the court that fair partition of the property cannot be made without depreciating the value thereof, or that for any reason a sale is more beneficial to the parties or any of them, it shall in the first…”
Ark Land Co. v. Harper (2004) wva · cites it 2× “§ 52-500 (West 1991); Del.Code Ann. tit. 25, § 729 (Michie 1989); D.”
Register v. Coleman (1981) ariz · cites it 2× “By § 12-1218, it is provided that if on trial of an action it appears to the court that a fair partition of the property cannot be made without depreciating the value thereof, it shall render a judgment directing that the real property be sold.”
McCready v. McCready (1991) arizctapp · cites it 2× “A.R.S. § 12-1218(C). Register, 130 Ariz. at 14 , 633 P.”
Massey v. 1st Hc (2018) arizctapp · cites it 12× “Sale of the Property ¶7 HC argues the trial court erred in approving the sale of the Property to Seven Jones. Under Arizona law, once it is determined a property subject to partition is incapable of fair division, the court may direct it be sold.”
Hackett v. Hackett (2016) arizctapp · cites it 2× “” A.R.S. § 12-1218(C) (2016) (emphasis added).”
Bess v. Speno (2018) arizctapp · cites it 2× “See A.R.S. § 12-1218(A) (directing the court to order a sale if the property cannot be partitioned).”
Stedman v. Polomski (2020) arizctapp · cites it 2× “” A.R.S. § 12-1218(C). But, when one party has paid an obligation owed equally by another party, she is entitled to recover from the other for his respective share.”
Keelan v. Keelan (2023) arizctapp · cites it 2× “Because property held in joint tenancy is the sole and separate property of each joint tenant, she asserts, the court “should have affirmed the [Palomino] residence as [the parties’] sole and separate property” to be partitioned pursuant to A.R.S. § 12-1218(C). ¶15 Property held…”
Show all 13 citing cases →
— Ariz. Rev. Stat. § 12-1218(A) — 4 cases
Cohen v. Frey (2007) arizctapp “§§ 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 partition.”
Owens v. M.E. Schepp Ltd. Partnership (2008) ariz “A.R.S. § 12-1218(A). That report will necessarily include their evaluation of the Parcel as a whole and their conclusions as to why the Parcel cannot practically be divided in a manner giving each co-tenant his respective interest.”
Bess v. Speno (2018) arizctapp “See A.R.S. § 12-1218(A) (directing the court to order a sale if the property cannot be partitioned).”
COHEN v. FREY, Fka COHEN (2007) arizctapp
— Ariz. Rev. Stat. § 12-1218(B) — 2 cases
Cuprite Mine Partners v. John Anderson (2015) ca9 “Ariz.Rev.Stat. § 12-1218(B). In response to the Amended Complaint, the Defendants filed a motion to dismiss, arguing that it was improper to join all of the Defendants in a single partition action.”
Arnold v. Cesare (1983) arizctapp “1 A.R.S. § 12-1218(B) states: “If on the trial of the action, it appears to the court that fair partition of the property cannot be made without depreciating the value thereof, or that for any reason a sale is more beneficial to the parties or any of them, it shall in the first…”
— Ariz. Rev. Stat. § 12-1218(C) — 7 cases
Cuprite Mine Partners v. John Anderson (2015) ca9 “Ariz.Rev.Stat. § 12-1218(B). In response to the Amended Complaint, the Defendants filed a motion to dismiss, arguing that it was improper to join all of the Defendants in a single partition action.”
McCready v. McCready (1991) arizctapp “A.R.S. § 12-1218(C). Register, 130 Ariz. at 14 , 633 P.”
Register v. Coleman (1981) ariz “By § 12-1218, it is provided that if on trial of an action it appears to the court that a fair partition of the property cannot be made without depreciating the value thereof, it shall render a judgment directing that the real property be sold.”
Massey v. 1st Hc (2018) arizctapp “Sale of the Property ¶7 HC argues the trial court erred in approving the sale of the Property to Seven Jones. Under Arizona law, once it is determined a property subject to partition is incapable of fair division, the court may direct it be sold.”
Hackett v. Hackett (2016) arizctapp “” A.R.S. § 12-1218(C) (2016) (emphasis added).”
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