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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.