Legal Question in Real Estate Law in Arizona

Re: who gets the house and everything else?

You have not provided enough facts to answer your questions. It is hard to give a "legal" answer as there are many alternative arguments that could be made for you and for him. It is a question of whether you made a gift to him and whether you can prevail with an argument that what you paid for the home and its contents were gifts contingent upon the marriage taking place. Like the engagement ring, if there is no marriage you can get it back. How is the house titled? The title may create a presumption of ownership and rights.

There is also a "practical" answer, and that is for you to negotiate an agreement with him to resolve his ownership interest in any of the items in question. You don't want to have any discussion with him, until you have a good idea of what your rights are and what position you want to take if the case went to court. In other words, you analize your position first and then you can discuss an informal resolution with him. If he is unreasonable, and won't make an agreement acceptable to you, then you can go to court and bring legal action to have the house and contents declared to be yours alone or have the court determine what credit you get for the payments you made and just what his interest may be, if any.

Do not delay, these cases are best resolved now. Letting it go, will solve nothing.

Donald Scher

Re: who gets the house and everything else?

Your problem is challenging. The law gives certain rights to married persons regarding property, inheritance, agency, support, etc. Unmarried couples' rights are more difficult to predict, prove and enforce. We usually find that those who choose to not marry also do not have property agreements signed by the partners. I take it that is the case here, but it is not stated.

There will be a question as to whether "money into the house" was for house payments or improvements. Unfortunately we do not have enough facts here to give definitive answers in my opinion. This happens in the attorney interview: the attorney elicits the information and facts which are needed to begin to form an opinion and frame the issues.

See an attorney immediately. Bring with you all the pertinent documents, such as deeds, loan papers, etc. Your case may have to go to court for a ruling if your companion does not stipulate to what you and your attorney think is fair.

Good luck,

James D. Jenkins