Mar 21, 2018

Partitioning Real Estate in Arizona

Occasionally people who jointly own Arizona real estate will disagree about whether to sell the property and or how to manage it. I typically see this scenario where a boyfriend-girlfriend purchased a home together and then later have a falling-out. In this situation they are both equal owners, so can one of the parties force the other to sell even if they don't want to? Yes! There is an Arizona Statute that specifically addresses what to do in these situations.

A.R.S. § 12-1211 states:
A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and the owners or claimants by filing a complaint in the superior court of the county in which the property, or a portion thereof, is situated.
B. The complaint shall state:
  1. The names and residences, if known, of each of the owners or claimants.
  2. The share or interest which plaintiff and the owners or claimants own or claim, so far as known to plaintiff.
  3. A description of the real property to identify it and its estimated value. 
Once the property is sold the net proceeds will be distributed between the owners.

If you need help from an Arizona real estate attorney then contact Clint Dunaway at or 480-389-6529.