Legal Question in Real Estate Law in Arizona

Partition and Sale of Property

A. sold home in another state and put all profits of the sale of A's separate property into a home in AZ. B demanded to be 50/50 Joint on title, although B only contributed $15,000. After 9 months of withholding contribution to the property, B finally gave more money to A to be at 50/50 into the home. B has harassed, intimidated and demanded since the purchase of Az. property. B was a different person until A put all A's money into this now ''joint'' asset. Now A, who lives in property alone (and who has a restraining order against B providing exclusive use for A) wants to sell home and get safely away from B. B refuses to sell or agree to sell home, and refuses and has no funds to buy home from A. Can B hold A hostage in said property? What are A's options? Safety is a large consideration. B wants complete control and it is now clear that B intended A to be his retirement plan in financial outlay and housing to benefit B. A is very afraid. Please advise.


Asked on 5/06/08, 8:09 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Partition and Sale of Property

A should consult an AZ real estate lawyer about the legal action known as "Partition" and other remedies which are available to solve the problem. Call the AZ BAr Association for references if you need some.

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Answered on 5/07/08, 12:21 pm
James Jenkins Jenkins Law Center PLC

Re: Partition and Sale of Property

You can file an action in the court to have a court order for the sale of the property and a division of the net proceeds. This must be done in the county where the property is located. We have done several of these and would be glad to consult with you in a free initial consultation if you arrange it at 480.835.1500.

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Answered on 5/07/08, 2:28 pm


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