Under Arizona law every asset purchased during marriage is presumed to be community property. To protect your investment your husband should disclaim his interest. I recommend working with an Arizona family law lawyer to assist you with this transaction so that your goals can be accomplished and...Read more »
Yes, if necessary you can file an action for the partition and sale of this real property. The court will appoint a special commissioner ( a real estate agent ) to market and sell the property and the court will decide how the sales proceeds are to be divided if this becomes an issue.
I was unaware that I need the HOA's consent to do so. I am in non compliance because my flag pole is not one of the specified colors in the HOA guide....Black-Bronze-or dark gray. My pole is brushed aluminum. My home is white and the colors required by the HOA do not permit the pole to blend in... Read more »
In most cases, you can appeal a non-compliance notice. Check your CC&R's for the procedure to do this. I recommend communicating promptly and attempting to work out a settlement. If this matter is not resolved, it is possible that you will be fined or sued by your HOA. Your CC&Rs as well as the...Read more »
Maybe. It depends upon the terms of your partnership agreement. It is also possible that you are entitled only to 1/3 of the equity value of the home or nothing at all until the house sells at some future time. I recommend that you consult an attorney concerning your legal rights. This can be...Read more »
You have rights under the Protecting Tenants at Foreclosure Act. In the event the house you are renting is foreclosed upon, you have a right to a minimum of 90 days notice before your lease can be terminated. And if the buyer is a business or other entity that has no plans to use the home as a...Read more »
I am moving out of one rental on the 18th of the month in the morning. I will be out by noon. I will be moving into another rental and have already paid rent for that day to the new rental owner. Do I still have to pay the rent for that day to the owner of the place where I am moving from?
You have two rental agreements. One with the old landlord and one with the new. You must honor both. If your first rental agreement requires you to pay rent on the day you move, you should pay the rent agreed upon. If you do not, your landlord has the right to withhold unpaid rent from your...Read more »
The procedure you described appears highly questionable. You may have grounds to object to this will. The will may not qualify as a valid holographic will and/or your Mom may not have had testamentary capacity. I recommend reviewing this matter with a probate attorney as soon as possible. Once...Read more »
A non-compete agreement can be transferable. The agreement should be reviewed by an attorney to see if it is made specifically transferable to a successor entity by its terms. I recommend having your agreement reviewed by an attorney. It would also be helpful to your attorney to know more about...Read more »
You have several options ranging from obtaining an order of protection against harassment to filing a civil lawsuit. I recommend that you speak with an attorney to learn your legal rights and best options. When your attorney knows the facts, he or she will be able to assist you in selecting the...Read more »
The new owner of the house I rent has not given me any legal documents showing they are my landlords. They’re charging me administrative fees the previous property management company had in their lease addendum, even though they’re not a company. Otherwise, my original lease was from two... Read more »
A new owner of a home takes it subject to any valid existing leases. Your lease remains valid for the remainder of its term. An addendum to the lease is not legally necessary. However, the new landlord should comply with Arizona law and give notice as to who the new property manager is and how...Read more »
Several months ago, my mother (who passed away last week) put together a last will and testament (based on a form from WillForms.org for the state of Arizona). It is signed, notarized, and doubly witnessed by two individuals not receiving any property under the will.
I recommend scheduling a consultation with a probate attorney for the review of your Mom's Will. Your probate attorney can answer your questions about the Will and can also give you recommendations for the most efficient way to handle your Mom's estate and protect her assets.
Mom has dementia and is in a assisted living home, a very expensive home. My sister is the Executor of the will and I think she may have guardianship or POA. Long story short but when we moved mom we decided as a family to spruce up the family home and rent it out to offset her costs. My sister has... Read more »
I recommend that you consult an attorney about a conservatorship. Appointing a conservator will provide competent help for your mom with her financial affairs and safeguard her assets. A conservator is supervised by the court and must account annually.
A listing agreement can be cancelled in most cases, but there can be costs and penalties associated with cancellation. For example, you may be asked to reimburse your agent for his marketing costs. Or, if you decide to sell at a later date, it is possible that your agent may make a claim against...Read more »
Your sibling cannot sell this property unless she has a legal right to do so. This usually means that she must be the property owner or the court appointed personal representative for a deceased owner. Since both parents are now deceased, your rights will be determined by the provisions of their...Read more »
Selling without an inspection or disclosure can be legal. It depends upon how your contract was drafted. You may still have legal recourse if items were concealed or not disclosed despite anything to the contrary in your contract. I recommend reviewing this matter with an attorney. Once your...Read more »
This is possible. It depends upon the terms of the lease as well as other pertinent facts. I recommend that you review this with a real estate attorney. Once your attorney reviews your lease and knows the facts, he or she will be able to let you know your legal rights and best options.
My business partner and I started a restaurant from the ground up. We raised the money on kickstarter and this was my first venture as a business owner. She had many other businesses. When we went to get the business license she told me that I coudnt be on it cause I had bad credit. We have made... Read more »
Not being a member of the LLC is a disadvantage. But it sounds like you may have sufficient proof to establish that you were a partner in this business and, if so, you may be entitled to your share of any net sales proceeds after payment of the bills of the business. I recommend consulting with...Read more »
I have emails confirming May 14th and the only follow up I have received is telling me to just wait longer for my money. I saw online they have 14 business days to provide this refund legally. We are beyond that threshold and Shelton-Cook (Property Manager) has stopped communicating with me... Read more »
Assuming your situation falls within ARS 33-1321, you can file a civil lawsuit against your former landlord to seek a judgment for the money owed. Once you have your money judgment you can use other civil remedies such as execution and garnishment to attempt collection. However, when you file a...Read more »
Probably legal. In most cases you would be on a month to month tenancy after the expiration of your original lease term unless the lease is renewed by you or renews automatically. If you are on a month to month tenancy, the landlord can increase rent on 30 days notice. If you are on a renewed...Read more »
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