Legal Question in Real Estate Law in Arizona

I'm trying to decide whether to move out of my home after a breakup or stay put until the other person refinances (if they even are approved). My name is on the mortgage, and I've paid 50% for 11 years. I'm afraid if I move out prior to the other person refinancing, I will lose all my rights to the property. Please advice. Thank you!


Asked on 8/15/12, 9:38 am

1 Answer from Attorneys

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

I recommend that you stay and occupy the property. You did not say that your name is on the title to the property, but assuming that it is, you have the right to stay and occupy. It may be uncomfortable to do so, and that is why you should have a written, legal agreement with your co-owner with regard to who occupies, is rent payable to the other, who is responsible for the mortgage, insurance, taxes and maintenance costs until the property is refinanced or sold, and any other relevant items pertaining to the property. You don't lose all of your rights by moving out, however, you should have an enforceable agreement before you move out.

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Answered on 8/15/12, 12:30 pm


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