Gilbert has transformed into one of the most desirable communities in the East Valley, with strong appreciation in residential real estate. When co-owners of Gilbert property — whether inherited, purchased jointly, or held through a failed investment partnership — cannot agree on next steps, any co-owner can bring a partition action in Maricopa County Superior Court. We represent Gilbert clients through every phase of the partition process.
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Under Arizona Revised Statutes § 12-1211, any co-owner of real property located in Gilbert or elsewhere in Maricopa County has the absolute right to bring a partition action in Maricopa County Superior Court — regardless of what the other co-owners want.
The court orders the Gilbert property sold — typically through a licensed broker — and proceeds distributed among co-owners proportionate to their ownership interests. The most common outcome in Maricopa County partition cases.
If the property can be physically divided fairly, the court may award each co-owner a separate titled portion. More common with larger parcels of Gilbert-area land than with single-family homes.
Filing a partition action in Maricopa County Superior Court often brings the other party to the negotiating table. We structure private buyouts and negotiated resolutions as an alternative to a full court-ordered sale.
The court can adjust distributions to account for unequal payments of mortgage, taxes, repairs, or carrying costs made by one co-owner of the Gilbert property over another.
Partition actions in Maricopa County follow a predictable process. We guide Gilbert co-owners through each stage.
We review your ownership structure for the Gilbert property, identify all co-owners, and map the best path — litigation, negotiation, or buyout.
We file a partition complaint in Maricopa County Superior Court and serve all co-owners, formally starting the partition proceeding for your Gilbert property.
The court may appoint a Partition Commissioner to evaluate the Gilbert property and determine whether sale or physical division is appropriate.
The court orders sale or division of the Gilbert property. Proceeds are distributed after all expenses and contributions are accounted for.
Scott Resnick is an attorney licensed in both Arizona and California with broad experience across real estate litigation and transactions. He operates Partition Arizona as a dedicated resource for co-owners throughout Arizona who need to resolve shared property disputes. Scott brings litigation experience — knowing how to fight when necessary — alongside transactional depth to structure creative resolutions such as buyouts, private sales, and co-ownership agreements. For Gilbert and Maricopa County partition matters, Scott handles all filings and proceedings in Maricopa County Superior Court.