Surprise, AZ asked in Real Estate Law for Arizona

Q: Hello, my ex-boyfriend paid cash for a condo in Arizona. He put 90% in his name and 10% in my name.

I reside in the condo, he resides in Tucson in his permanent home. Can he force me to move or sell my 10%? I understand he can sell his 90% to someone else. Does that mean the new buyer could move in? It's a one bedroom. What are my rights as an owner of 10%? Thanks.

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1 Lawyer Answer

Adam Martinez

Answered
  • Mesa, AZ
  • Licensed in Arizona

A: In Arizona, absent an agreement to the contrary, where two owners of real property cannot agree on how to use the property, either of the owners may obtain a court order requiring that the property be sold and that any proceeds be divided among the owners according to their respective interests. As a practical matter, a divided interest is difficult to sell on the open market because buyers do not want to own property with another person.

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