What should you do If you own a property with another person who is not your spouse, and the relationship between you deteriorates, dissolves, or even becomes antagonistic?
Before, during, and after any negotiations with the other party, it can be extremely helpful to have an experienced attorney advise you on your legal rights and options.
In some cases, through these negotiations, you may choose to voluntarily sell the property and divide the costs and proceeds. Or, one of you may agree to let the other buy them out. In either of these scenarios, your attorney can then draft an enforceable agreement which will outline the specifics of the deal and help to ensure the other party honors the terms to which he or she agreed.
Alternatively, you and the other person may not be able to come to an agreement. In these instances, you can file what is called a “partition action” with the court.
A partition action is governed by Arizona statute, A.R.S. 12-1211, et seq. It allows the court to use its objective discretion to determine a fair outcome for the parties. While technically the court can split the property between the parties, that is quite rare, and is typically reserved for situations where land is the only thing being divided. In most cases, the court will force a sale and determine how to divide the proceeds via a special commissioner.
The Brei Law Firm can review your case to help determine your property rights under current Arizona law. Our attorneys’ real-world experience has shown us the best ways to negotiate our clients’ interests. Our Tucson Law Firm can be reached at 520-297-4411.
© January 2024. Please note: this article is not intended to, nor does it constitute legal advice, and is for informational purposes only. To obtain legal advice, please consult a qualified attorney.