Phoenix, AZ asked in Real Estate Law and Civil Litigation for Arizona

Q: I am looking to file a partition motion. Can a partition motion be contested or delayed?

No contract between parties. We are siblings. 20,000 mtg bal. My sister vowing to fight it and hold it up for years until the value is ate up with legal and court costs. She does not pay anything towards mtg or property upkeep or repairs or taxes or insurance. For 9 years. I am almost 60 and want out but she wont consider cash offer or my buyout. Are there other options I should be considering?

1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: A partition action is a lawsuit and is commenced by filing a complaint, not a motion. A lawsuit can be contested and can be delayed. Reaching a negotiated settlement that is fair is a better option. I understand that you have tried this but, once a lawsuit is filed, you will have additional opportunities to attempt settlement with your sister.

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