Legal Question in Real Estate Law in Arizona

property rights

My ex-boyfriend and I purchased a new home in Arizona in 2006 with our two children. Both of our names are on the title/deed and the loan is under his name only. What are my legal rights to this house? He is forcing me to take my name off of the deed/title so he can own the home by himself with his new mate. If I am able to come up with half of the mortgage payment, will I legally be able to keep my rights to this house, even if he takes me to court?


Asked on 12/22/07, 1:26 am

2 Answers from Attorneys
Brian Blum Blum Law Office, PLC

Re: property rights

If your name is on the deed, then you have the same rights to possess the house as he does. If he wants you to take your name off, then he should pay you for the value of your half. You should talk to a lawyer to help you figure out how much your share is worth and how to pursue your rights.

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Answered on 12/22/07, 3:15 pm
James Jenkins Jenkins Law Center PLC

Re: property rights

I have handled several of these cases in the last two years.

To those who read this site:

When you have a "relationship" with a man who is not committed enough to marry you, and go into partnership with him in a business or ownership of real estate, have a written contract to spell out your rights. We constantly see this problem on LawGuru. Usually it is the other way around, the boyfriend's name was put on a house, he leaves and won't remove his name.

You own a share in the house. See an attorney to advise you on how to resolve this. The court has jurisdiction to order a sale of the house and a division of the proceeds among the owners, but it is better to try to settle. Your boyfriend will likely not negotiate in good faith until you have a lawyer and he consults with one.

Good luck.

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Answered on 12/28/07, 10:59 am


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