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Questions Answered by Peter H. Westby
1 Answer | Asked in Real Estate Law for Arizona on
Q: My husband and I are separated, not legally. Can I buy a house in Georgia without him having to be involved?

I do not want to have his bills considered nor credit. I want it in my name alone.

Peter H. Westby
Peter H. Westby answered on Nov 14, 2019

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 »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I own a home with a boyfriend 1/2 and 1/2. We have broken up. Can I force him to sell so I can get my equity?
Peter H. Westby
Peter H. Westby answered on Nov 4, 2019

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.

1 Answer | Asked in Real Estate Law for Arizona on
Q: i recently erected a us flag on my property and received a notice I was not in compliance with the HOA.

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 »

Peter H. Westby
Peter H. Westby answered on Nov 2, 2019

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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: I moved in with my BF 4 yrs ago. His mom owned the house and didn't charge rent. She died and his step

His stepdad has Alzheimer's. He moved out and wants me to pay him rent. He sleeps here more than not. Can he evict me? In AZ

Peter H. Westby
Peter H. Westby answered on Oct 30, 2019

If your BF has inherited the home and is the owner or if he is the court appointed personal representative of his late mother's estate, he can evict you.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I am 1/3 owner of a home. Am I entitled to receive the $ back I put into it when ending partnership?
Peter H. Westby
Peter H. Westby answered on Sep 17, 2019

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 »

1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: I am concerned that I am signing a lease agreement on a house that is going to go into foreclosure .

I’ve been offered a lease agreement at a very low rate considering the property. It does have cosmetic issues, and is in need of quite a few repairs, but overall in decent shape.

I’ve verified that the person that I am dealing with is in fact the owner of the home already, so I do not... Read more »

Peter H. Westby
Peter H. Westby answered on Sep 11, 2019

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 »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Moving out of a rental to another rental. Do I have to pay rent for that day to both property owners?

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?

Peter H. Westby
Peter H. Westby answered on Sep 7, 2019

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 »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Arizona on
Q: Is ARS code 14-2503 valid to cover a person putting their hand on tetatrix to sign a will while having dimentia

Will was made 10 days before mom died, my sister adds her name on to inherit the house. Can this qualify as undue influence

Peter H. Westby
Peter H. Westby answered on Aug 27, 2019

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 »

1 Answer | Asked in Business Law and Contracts for Arizona on
Q: Is a non-compete agreement transferable when a company changes its name and principles are different
Peter H. Westby
Peter H. Westby answered on Aug 26, 2019

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 »

1 Answer | Asked in Libel & Slander, Civil Litigation and Civil Rights for Arizona on
Q: I need to know what can I do my ex friend has done slander, threats, releasing my medical history, cyber harassing me

I have evidence and videos with proof of her saying all of this

Peter H. Westby
Peter H. Westby answered on Aug 22, 2019

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 »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Should I be given an addendum to sign for new owners since my lease is not yet up?

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 »

Peter H. Westby
Peter H. Westby answered on Aug 7, 2019

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 »

2 Answers | Asked in Estate Planning, Elder Law and Probate for Arizona on
Q: How can I verify that my mother's will and testament is legal and names me executor and distributor of all property?

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.

The will names me as... Read more »

Peter H. Westby
Peter H. Westby answered on Aug 7, 2019

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.

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1 Answer | Asked in Probate, Elder Law and Estate Planning for Arizona on
Q: How can I stop my sister from spending my mom's money?

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 »

Peter H. Westby
Peter H. Westby answered on Jul 23, 2019

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.

If there already is a conservator...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Can I the seller cancel my listing agreement with the real estate agent on my home if I decide I no longer want to sell

Are there any costs that I would be liable for the property has a sign on it and has been listed on the MLS

Peter H. Westby
Peter H. Westby answered on Jul 22, 2019

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 »

1 Answer | Asked in Real Estate Law for Arizona on
Q: My question is in regards to property and a house my mother and father owned but both are deceased now.

My question is in regards to property and a house my mother and father owned but both are deceased now.

A sibling is living there now and wants to sell the property. Can she sell the property if it is not under her name? If there is a will what rights do I have to claim a portion of the... Read more »

Peter H. Westby
Peter H. Westby answered on Jul 18, 2019

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 »

1 Answer | Asked in Real Estate Law and Construction Law for Arizona on
Q: Is it legal for a real estate agent to sell a home without instillation? We do not have us with a disclosure form.

They never provided us with a disclosure form, or any approvals from the inspection.

Peter H. Westby
Peter H. Westby answered on Jul 18, 2019

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 »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Arizona on
Q: Can an arizona landlord terminate a lease for renovation purposes?
Peter H. Westby
Peter H. Westby answered on Jul 11, 2019

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.

1 Answer | Asked in Business Law and Employment Discrimination for Arizona on
Q: Can my business partner take everything we had because I wasnt on the LLC?

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 »

Peter H. Westby
Peter H. Westby answered on Jul 8, 2019

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 »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I submitted for a refund of an admin fee from a property manager May 14th. Well past the 14 days allowed. What can I do?

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 »

Peter H. Westby
Peter H. Westby answered on Jun 10, 2019

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 »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Singned a 12 month lease eight years ago. Never renewed a lease since. Owner said next month rent is increasing. Legal?
Peter H. Westby
Peter H. Westby answered on Jun 7, 2019

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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