Legal Question in Real Estate Law in Arizona
Action of Partition;
my brother and i inherited our mothers house, the house is owned free and clear, and he has not been doing anything to fix it up to get it ready to rent or sell i have been fixing it up by myself for the last 5 months i want to sell it, and he wants to rent it and store his quads there and he wants to charge 1200 a month for rent and my realestate agent says rent on that place is worth only 700-800 a month can i file for a Action of Partition and whould i get any reimburstment for the time i put into repairing the house (the funds used to fix the house came out of a joint account set up by our mother to fix the house)
2 Answers from Attorneys
An action for partition may not be the best route. However, you have several legal remedies available. As for the time you spent on the house, you can most likely receive some reimbursement for that. I would be happy to discuss your legal options. Please contact me at (480) 231-4684 or [email protected]. I look forward to hearing from you.
An action for partition is right thing to do, when joint owners cannot agree on how to hold and manage the property. Any litigation can be expensive for the parties, so it is always in the best interests of the parties, to try to reach an agreement without going to court. I don't know if you have funds left in the account for fixing the house, but you would be well advised to retain an experienced lawyer, so that your brother can see that you are serious about taking action, and then, try to work out an agreement to work together. The agreement would also address the issue of paying you for your time spent repairing the property. I would be willing to mediate this case and work to bring you two together, without going to court.
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