In Arizona, when two or more people own property together and disagree about its use, one or more of them can file a partition action. This circumstance frequently arises during a divorce, when relatives inherit property together, or when business investors decide they would like to go in different directions. Here is some information that can help you better understand your Arizona partition action.
Arizona Partition Actions
In Arizona, the law allows any owner or claimant of real property or anyone with interest in a property to file a partition action. To initiate the case, the requesting party will:
- File in superior court in the county in which the property is located;
- Identify the names and residences of each of the known owners,
- Identify everyone’s known ownership interests and claims; and
- Include a description of the property, and it’s estimated value.
Once the action is filed and all parties are properly served, the court can go through its processes and conduct a hearing to determine each owner’s proportionate interests and share of the property. The judge may decide to divide, or partition, the land by ordering its sale and that the parties split the proceeds according to their respective ownership interests. In this instance, the owners may disagree about how the property should be sold, and the court will appoint a commissioner (who is often a real estate agent or broker) to oversee the transaction. The court may also decide to physically divide the property between the owners.
Ideally, when property owners disagree, they will be able to work out their differences outside of the courtroom. Although Arizona law provides a means to divide property interests, owners are taking a risk when they ask a judge to decide what to do with their property. Before filing or responding to this type of action, it’s important to discuss your situation with an experienced Arizona real estate attorney who can help you consider your options and alternatives.
Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who can help you examine your property ownership issues and. If you assess your options. If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona and throughout the State of Arizona, contact Laura B. Bramnick to schedule your consultation.