Legal Question in Real Estate Law in Arizona
Ex-boyfriend is trying to make me move out...
My ex-boyfriend is trying to make me move out of our home we both own (joint tenancy title). I want to know if there is anything either of us can do to make the other move out?
If I were to agree to move out, is there any sort of agreement that can be drawn up to make him have the house sold within the year?
Thank you!
1 Answer from Attorneys
Re: Ex-boyfriend is trying to make me move out...
You both have equal rights to be on the property. He can't make you move out.
What you can do is file a lawsuit called a "partition action." This is is lawsuit where you are asking the court to order that the property be split in two. As this is probably a home in a residential area, splitting it in half is not really an option, so the court will order the property sold and the proceeds split. You should hire a lawyer if you decide to do that.
To answer your question about an agreement: Yes, you could write a contract that says you agree to give him possession of the property if he agrees to sell it in a year. But, if he doesn't sell as required, then you'd have to sue him to enforce the contract. And he would get to live in your house for a year, which isn't really fair to you.
I think your best bet would be to get him to buy your share of the house. He could refinance the property in his name only and give you the cash value of your share of the equity. You should probably hire a lawyer if you go this route too to make sure you get what are you entitled to.
Good luck.