Legal Question in Real Estate Law in Arizona

Re: Selling home

I will differ from the previous answer given. I do not disagree, but my experience is that in these cases it is very difficult to reach a fair settlement without an attorney. If it were that easy, you would not be seeking answers on this web site.

Check out how many people have the same or similar problem as yours in the real estate section of this site. We see this situation every week. Often both parties cannot agree, because at least one is unrealistic and does not apply the standards that a court would do if the case went to court.

See a real estate attorney for more detailed advice. We offer free, no obligation consultations by phone or in person. However, documents may have to be looked at to give a proper opinion. 480.835.1500. Or speak to another attorney.

Best regards,

James D. Jenkins

Re: Selling home

You should really try to come to an agreement with her on how to split the equity, and put it in writing.

To start off the negotiations I would say that first each of you take, from the equity, what you put into the house. Then split evenly what's left over. So, if there is $100,000 in equity and you paid $20,000 in payments and she paid $10,000 in payments, then you take your $20k; she takes $10k. That leaves $70k. You split the $70k evenly. So you end up with $55k and she ends up with $45k.

I think that would closely approximate what a court would do. Litigation is expensive. Avoid it if you can. Consider hiring a mediator if you can't come to an agreement with her.