Arizona § 12-3408 Considerations for partition in kind

Arizona Statutes

§ 12-3408 — Considerations for partition in kind

Arizona § 12-3408

Title 12Arizona Revised Statutes

Ch. 27UNIFORM PARTITION OF HEIRS PROPERTY ACT

Art. 1General Provisions

This text of Arizona § 12-3408 (Considerations for partition in kind) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 12-3408 (2026).

Text

A.In determining under section 12-3407 whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider all of the following factors:

1.Whether the heirs property practicably can be divided among the cotenants.

2.Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur.

3.Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of th

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A. In determining under section 12-3407 whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider all of the following factors:

1. Whether the heirs property practicably can be divided among the cotenants.

2. Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur.

3. Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other.

4. A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant.

5. The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property.

6. The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance or upkeep of the property.

7. Any other relevant factor.

B. The court may not consider any one factor listed in subsection A of this section to be dispositive without weighing the totality of all relevant factors and circumstances.