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I purchased a property and home in December 2022 with my partner, and it's in both of our names. We are an unmarried couple living in Arizona, and we don't have any written agreement regarding the property. If we decide to separate, how is jointly owned property typically split under Arizona law?
answered on Apr 18, 2025
If you and your partner decide to separate, and assuming you cannot agree concerning your jointly owned home, a partition action can be filed with the superior court to force the sale of the home. The court will appoint a real estate agent to sell the home and then will decide how the net sales... View More 
I have a registration lien on my Mustang here in Arizona and I'm in default on the loan, having missed the last three payments of $505 per week. I'm considering filing for Chapter 7 bankruptcy and would like to know if I will be able to keep my Mustang if I include the loan in the bankruptcy.
answered on Mar 31, 2025
In a bankruptcy filing, you have no choice about which debts and assets you disclose in what all you file with the Court. You sign your several Court documents under penalty of perjury (a felony) and it's never smart to morph a money issue into a criminal case,
There are some special... View More
In 2007, a joint tenancy with right of survivorship deed was recorded, but it was either missing the second page or not signed properly. One of the joint tenants is now deceased. Can this issue be corrected, and what steps should be taken to address the problem?
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answered on Mar 17, 2025
You will need an AZ attorney to search that title and advise. You have not precisely stated what is wrong with the deed and are obviously confused. Getting a correction deed, if possible, requires going back to the original grantor to execute the deed again. That may not be possible, and a... View More
In January 2023, I sold a property and signed a quitclaim deed over to the buyer, which was recorded in February 2023. Recently, the buyer's attorney claimed I need to sign a new quitclaim deed as heir of my mother's estate pursuant to A.R.S. 12-1103(B). There was no estate, recorded... View More
answered on Mar 13, 2025
Presumably your January 2023 sale was handled by a title company and the buyer obtained a policy of title insurance guaranteeing that he was getting clear title to the home. More information is needed to determine what cloud, if any, exists. If there is a cloud, the buyer's title insurer... View More
I own 25% of an industrial property, which I inherited in 2017 after my mother's passing. The property was initially purchased by my parents through a 1031 Exchange before their divorce and before I received my share. An appraisal was conducted in 2023 when my father refinanced the property.... View More
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answered on Mar 13, 2025
If the property was included in your father’s taxable estate when he died, which is likely, then its basis is now date of death value. If you sell you would only need to pay taxes on the appreciation since date of death.
I am the only surviving witness to a real estate agreement in Mohave County, AZ, where a father gave his son a piece of land. This issue is part of a civil suit for breach of contract, with the plaintiff claiming that the son was supposed to return the land after one year. I realized my involvement... View More
answered on Mar 3, 2025
This can be complicated. You need to work through the lawyer for one of the parties. You and your testimony will need to be disclosed to opposing counsel and, If the lawyer determines that your testimony is crucial, the lawyer will need to inform the court of a recently discovered witness that he... View More
I am selling an older home in Arizona, and we've had multiple home inspection reports with conflicting results. After reporting inspectors to the Arizona licensing board due to false opinions and inconsistency, we received no help. Recently, our realtor provided one of these reports to a... View More
answered on Mar 3, 2025
In Arizona, both the realtor and the seller have a duty to disclose any information that may be material to a buyer. You can mitigate the impact of negative information by also disclosing positive information or, in your case, disclosing the inspector's reports that did not show anything... View More
answered on Jan 28, 2025
No. Some assets are exempt in Arizona such as house equity up to $400,000.00, IRAs, 401Ks, 90% of wages, social security, unemployment benefits, welfare and other assets. Most exemptions are set forth in Arizona statutes ARS 33-1101 to ARS 33-1153.
I assumed my mothers mortgage acct with W F same bank as checking acct .3 times now they have refused payment making my regular payment triple and my mortgage acct default . What can I do?
answered on Nov 18, 2024
You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it... View More
Tennant with rights of survivorship is what the deed states gma is co borrower for the mortgage she's wanting off the loan and I don't qualify is there anything I can do to prevent her from selling my home also am I subject to an inheritance tax?
answered on Nov 12, 2024
As I understand your question; you state that your mom and you owned a home as joint tenants with right of survivorship. You inherited the home from mom. Grandmother is obligated on the house mortgage and wants to be relieved of this responsibility. She wants to sell the home and have the... View More
They seem to think that since Presidents aren't on the Primary ballot for July 30th, that I can't have a "presidential" political sign up. I read it as any political signs can be up 71 days before the primary, if the candidate is still in the running. What do you think?
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answered on Jun 10, 2024
Under ARS 33-1808 (C), Arizona law permits homeowners to display political signs 71 days before a primary election. The key point is whether this law applies to signs for candidates not appearing on the primary ballot. Your HOA interprets the law to mean that only candidates on the primary ballot... View More
My boyfriend and I own property in AZ Deed said 50% each with right to survivorship Boyfriend quik claim deeded his50% to someone and then that person was paid $8500 to sign back to my boyfriend! Now boyfriend dies and I want to sell! Is our title as it was when we purchased
answered on May 7, 2024
I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.
"Right of Survivorship" in Arizona only applies to married... View More
and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.
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answered on Apr 17, 2024
GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More
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answered on Apr 16, 2024
Yes, it is generally possible to use Social Security Disability Insurance (SSDI) back pay to cover closing costs when purchasing a family home. Here are a few key things to keep in mind:
1. Lump-sum back pay: When an individual is approved for SSDI, they often receive a lump-sum payment... View More
My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More
answered on Mar 21, 2024
I agree with attorney Whitehurst that you must act immediately to hire an attorney. While you may certainly consult with a real estate litigation attorney I would suggest that you consider a consultation with a probate attorney that handles probate litigation. While very similar since it affects... View More
My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More
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answered on Mar 21, 2024
You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More
Would lawyers be required? If so, who pays the lawyer fees?
answered on Mar 5, 2024
An Arizona attorney should advise, as this could be covered under state-specific civil procedure rules. However, your question remains open for two weeks. The short answer is "yes" in most jurisdictions nationwide. Sometimes interest is capped by statute, but claimants can sue for it.... View More
Would lawyers be required? If so, who pays the lawyer fees?
answered on Mar 5, 2024
Addendum - I'm sorry, a minute ago I mean to write, "That doesn't NECESSARILY MEAN it's not possible... "
I inadvertently left out the words "necessarily mean." Good luck
I own a single family residence in Mesa and the community association is in financial crisis. After speaking to the management company, who advised me to sell quickly, I found out that we are looking at first a very large special assessment, and then even then still there's a strong... View More
answered on Jan 24, 2024
You and the other homeowners may have a case against the board of directors for their mismanagement and breach of duty. From the information you disclosed, this should be considered. The directors may have purchased a policy of errors and omissions insurance coverage. If so, a claim could be... View More
Assessments pay insurance premiums, so can they legally contact the insurer?
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answered on Jan 21, 2024
Yes, as a homeowner in an HOA who pays the premiums for the Directors and Officers (D & O) insurance policies, you typically have the right to contact the insurance carrier. Since you are the payor of the premium, you have an insurable interest in the policy, and it's within your rights to... View More
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