Legal Question in Real Estate Law in Arizona

S.O.S. ! Trapped in Joint Tenancy !

As the title to my house states, i am considered a joint tenant with my now ex-boyfriend. ive made all payments,upkeep, improvements etc. and payed down the mort. $27,000,totaling over $65,000 leaving only $50,000, and done 90% of the restoration work myself. my mom offered to buy the house to reduce my monthly by half, but he refuses to sell knowing the value now exceeds $200,000.i have offered several times to buy him out, hes refuses and will not state his price.he has never lived here and takes no responsibility in the original goal to buy, fix, and sell. do i need a legal partition? do i sue him him for half spent (though he cant pay it)?what is an appropriate summ to offer? what will legal fees be? he broke up with me 10 months ago and every month that passes the value increases and so does the resentment i have knowing he might benefit from my investment and hard work without spending a dime or lifting a finger. please advise.


Asked on 10/06/05, 10:43 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: S.O.S. ! Trapped in Joint Tenancy !

yes, you need to take immediate action to partition the property and cause a sale, if he won't sell out to you. You should buy out his interest, but since he seems to be unreasonable, you must force his hand by the legal action. You can seek reimbursement for all that you have invested and ask the court to take that sum out of his half, before you split the profits or determine the buy-out amount. The challenge is to determine/prove what your agreement was in the first place. Get a lawyer at once!

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Answered on 10/06/05, 11:24 pm


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