Legal Question in Real Estate Law in Arizona

Re: Selling a jointly owned property

There are possibilities and remedies.

First, you state that three are on the martgage, but do not mention the deed to the house. I would need to know if that is also the same, with the same people.

Second, what was your agreement when you purchased the home? I presume that you did not enter into a written agreement? Are you a partnership? Joint venture? Any agreement as to how the resale of the house would be handled and when it would take place?

Part owners of a property can file an action in the court for a partition of the property. With a residential property there is no way to divide it and sever the multi-party ownership, so the court orders a sale. Who will get how much, who put how much into the home, the terms of the sale etc. are all issues of the case. Sometimes that can be negotiated and settled before trial. I have two similar cases now which are pending.

You need an attorney to guide you and possibly file the court petition. You can schedule a free, no obligation phone conference to discuss this by calling 480.835.1500. I have 27 years of experience and employ no junior attorneys.

Speak with me or another attorney.

Best regards,

James D. Jenkins