Legal Question in Real Estate Law in Arizona
Dispersement of funds on a jointly owned home
My ex husband and I are Joint Tennants on a property that is for sale. He is the occupant. How can I make sure that when the property sells, I receive my half of the proceeds? Is there a way that I can file these papers myself? Also, he did not pay court ordered mtg payments on our other home that was foreclosed on. Can I place a lien on his future proceeds from the home that is for sale to compensate for things that he did not Pay?
1 Answer from Attorneys
Re: Dispersement of funds on a jointly owned home
You will have to sign the deed before the property can sell. At that time, you can notify the escrow agent where to send your share of the proceeds.
In order to lien property, you would first have to sue him and win a judgment.