Browse Arkansas Code titles and sections
18-60-1003. Applicability — Relation to other law.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-1003. Applicability — Relation to other law.
(a) This subchapter applies to partition actions filed on or after January 1, 2016.
(b) In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this subchapter unless all of the cotenants otherwise agree in a record.
(c) This subchapter supplements § 18-60-401 et seq. and, if an action is governed by this subchapter, replaces provisions of § 18-60-401 et seq. that are inconsistent with this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-1003
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:18-60-1003
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 22825107db849195044ed59f6141846bccd731cdbff5db9f5ed0c0235f0ecbb5
Source location: content.xml paragraph 14296
Stored source content
18-60-1003. Applicability — Relation to other law.
(a) This subchapter applies to partition actions filed on or after January 1, 2016.
(b) In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this subchapter unless all of the cotenants otherwise agree in a record.
(c) This subchapter supplements § 18-60-401 et seq. and, if an action is governed by this subchapter, replaces provisions of § 18-60-401 et seq. that are inconsistent with this subchapter.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the owners have been divorced, except when the property involved is a homestead and occupied by either of the divorced persons, shall file in the circuit court a written petition.
(b)(1) The petition shall contain:
(A) The description of the property;
(B) The names of each party having an interest in the property and the nature and amount of the interest; and
(C) A prayer for:
(i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and
(ii) Any other appropriate relief.
(2) All persons interested in the property who have not united in the petition shall be summoned to appear.
(c)(1) The court shall determine whether or not the property is heirs property as defined in § 18-60-1002.
(2) If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., shall, unless all of the cotenants otherwise agree in a record as defined by § 18-60-1002:
(A) Apply to the partition of the property; and
(B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-60-401. This identifies an authority to review, not proof of applicability.