Legal Question in Real Estate Law in Arizona
Forced sale of a co=owned home.
I purchased a home 5 years ago with my girlfriend. We are splitting up and she is willing to buy me out but can't come up with the money. Can I force her to have us sell the proprty, split the profit and move on?
Thanks in advance for your help,
Tim
1 Answer from Attorneys
Re: Forced sale of a co=owned home.
Compel is probably a better word to use than force.
The court does entertain actions to compel a division of property, called a partition action, when there are multiple owners. This is a lawsuit, and at trial you present your case. This is usually not needed, because these situations are costly and both sides want to avoid that. When she sees that you have an attorney, she will probably agree to settle the case, but that depends on her practicality. See a real estate attorney. The only way to partition a house is to sell it and divide the proceeds. You cannot cut the house in half.
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