Legal Question in Real Estate Law in Arizona

Chandler Arizona

I purchased a house in Chandler AZ in Aug 2003.Myself, my 2 kids and boyfriend moved into the house in December 2003.My boyfriend and I have fallen out because of money that he owes me.I have paid the mortagage and he has paid some of the utility bills, however two checks for bills that I know of have been returned to him for insufficient funds.I had the locks changed and got a protection of order against him, but I couldnt have it served because I did not know where he was at the time. I need to know is there a way that I can order him to come and get all of his belongings so that he does not have to come back to the house, and do I or when do I need to notify him that I am putting the house on the market?I am not currently in the house, he has informed a mutual friend that he is staying in the home.Because i had the locks changed I dont know if that is the truth, but if it is, what do I need to do to get him out? Also he has written a check to me for money that he owes me,the checking acct does not have sufficint funds and there was no legal document saying that he owes me this money, all I have is a bad check is there a way for me to get the money back?


Asked on 4/23/04, 10:27 am

1 Answer from Attorneys
Gloria Meyer Meyer Law Office

Re: Chandler Arizona

You need to know if you both are on the deed and if you both are responsible for the mortgage.

If your boyfriend is not on the deed and is not making the payments, he has no right to occupy the property. You can evict him. If he is not on the deed, but he is making the payments, his status is probably that of a month-to-month tenant. You can evict him after giving him a 30-day notice of intent to terminate the month-to-month lease (This is required even though there is no written lease).

If no one is paying the mortgage, the lender will probably foreclose in the near future and you will lose any equity you may have in the property, and you will suffer some serious damage to your credit.

One co-owner cannot sell the property without the signature of the other co-owner. If both you and your boyfriend are on the deed, then both of you will have to sign off on any sale.

If your boyfriend will not agree to sell, you can petition the court to order the property sold.

My office is located near I-10 and Baseline. You may call me at 480-895-0100 to discuss this matter further.

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Answered on 4/24/04, 5:09 pm


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