Legal Question in Real Estate Law in Arizona

My brother co-owns a house in Arizona. There is right of survivorship, but no other legal boundaries were set. Neither owner is happy with the situation, but she refuses to buy him out and also refuses to let him buy her out. Is there any legal recourse here?


Asked on 1/17/11, 8:55 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Yes, it is possible to force a sale of the property or one of the joint tenants can convey their interest to another person and that would break the joint tenancy (but would not cause the property to be sold. You should consult with legal counsel and bring about a negotiation which resolves the issues between the owners. Since real estate values are way down, it may not be a good time to sell the property but it is a good time to buy out someone's interest because now is the cheapest time to do so.

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Answered on 1/23/11, 8:10 am


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