Legal Question in Real Estate Law in Arizona

land partnership dispute

I live in Arizona but I own

some land in N.J. (held as

joint tenants in common)

along with my brother as co

owner. I want to get out of

this partnership and I have

offered to sell the land or

perhaps have him purchase

my share. I want desperately

to have my name removed

from the deed yet he

continues to do nothing

about the situation. All I ever

hear is that he is working on

title insurance and other

details but nothing has

happened in two years now.

To make maters worse, I

have a MD. address and I

know he is living there but he

travels often and is very

secretive about his life and

this can make it difficult if not

impossible to deal with any

situation which may occur

concerning the land. Is there

anything I can do legally to

either force him to buy my

share or to force the sale of

the remaining property so

that I can end this situation?

Can I force some time frame

declairing that the title would

need to be transfered by no

later than some future stated

date?


Asked on 11/05/06, 8:48 pm

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: land partnership dispute

You can file an action in the court called a

"partition" requesting that the property be divided between you, or if that is not practical, that it be sold and the net proceeds divided equally. You will have to do that in the state where the property lies; you cannot do that in your home state of Arizona. The court has no jurisdiction.

Good luck.

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Answered on 11/06/06, 9:47 am


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