Partitioning Real Estate

Partitioning Arizona real estate is a way to resolve a situation where two people who own real estate together but disagree about whether to sell the property and or how to manage it. I typically see this scenario where a boyfriend-girlfriend purchased a home together and then later have a falling-out.

In this situation they are both equal owners, so can one of the parties force the other to sell even if they don’t want to? Yes! There is an Arizona Statute that specifically addresses what to do in these situations.

A.R.S. § 12-1211 states:

A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and the owners or claimants by filing a complaint in the superior court of the county in which the property, or a portion thereof, is situated.

B. The complaint shall state: (1) The names and residences, if known, of each of the owners or claimants. (2) The share or interest which plaintiff and the owners or claimants own or claim, so far as known to plaintiff. (3) A description of the real property to identify it and its estimated value. 

A.R.S. 12-1211

Once the Arizona real estate is sold the net proceeds will be distributed between the owners. If you need an Arizona real estate attorney then contact the Dunaway Law Group at 480-389-6529 or message us HERE.

These blog posts are not intended nor shall they be deemed to be the rendering of legal advice. Reading these blog posts does not create an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry.

Home 9 Real Estate Law 9 Partitioning Real Estate

Contact Us:

12 + 10 =

Search Our Site:

Blog Categories:

Most Popular Posts:

Contact Us:

8 + 5 =

You May Also Like…

Type 2 Non-Irrigation Water Rights

What are Type 2 Non-Irrigation Water Rights? In Arizona, water rights are categorized based on their usage. Type 2 non-irrigation water rights are specific to non-agricultural uses, such as industrial, commercial, or residential purposes. These rights are allocated...

read more

Alternative Path Adequate Water Supply

Arizona's New Alternative Path to Designation of a 100-Year Assured Water Supply Arizona recently enacted a groundbreaking law that provides an Alternative Path to Designation of a 100-Year Assured Water Supply. This Alternative Path provides additional flexibility...

read more

Rule 16 of Civ. Pro- Meet and Confer

Rule 16 of the Arizona Rules of Civil Procedure plays an important role in the pre-trial phase of a case. It is to help streamline proceedings and to "discourage wasteful, expensive, and duplicative pretrial activities." What is Rule 16 of Civil Procedure? Rule 16 of...

read more

Rule 26.1 Disclosure Statement

Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as "Rule 26.1 Statements" or...

read more

Certificate of Convenience and Necessity

Certificates of Convenience and Necessity (CC&Ns) in Arizona are regulatory tools used primarily in the utility sector, particularly for water, wastewater, and electric services. They are granted by the Arizona Corporation Commission and serve several purposes,...

read more

Certificate of Assured Water Supply

Arizona's Certificate of Assured Water Supply (CAWS) is a crucial component of the state's water management strategy. Designed to ensure sustainable water use, the CAWS guarantees that new developments in Active Management Areas (AMAs) have a 100-year assured water...

read more

Eviction After Foreclosure of Home

In Arizona, as a homeowner whose house has been foreclosed you have a finite amount of time to vacate. If you do not vacate during that time then you can be evicted by the new homeowner. Non-judicial Foreclosure: Non-judicial foreclosures in Arizona are much faster...

read more