Arizona  |  Real Estate Law

Legal Question

Asked on: 7/01/13, 1:02 pm

two senior adults own a home equally, for health reasons one has to return to Oregon. Other senior refuses to sell home--what are the options. They are male and female, and the female is the one who needs to return to Oregon.

1 Answer


Answered on: 7/01/13, 1:17 pm by Donald Scher

Assuming that the 2 owners did not make a written agreement regarding their joint ownership of this property, and without knowing how title to the property is held, one owner can bring a partition action to separate their individual ownership interests and perhaps, force a sale of the property. It seems that the senior who wants to continue to live in the property has a legitimate interest, as it is not his fault that health concerns have caused one owner to move to another state. There is nothing that says the moving owner won't move back. It is always best for the 2 parties come together and try to work out an arrangement that makes sense, because one owner could buy out the other without resorting to a lawsuit, and there are substantial expenses to maintain the house that will continue, without regard to who occupies the property, such as taxes, maintenance and insurance.


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Donald T. Scher & Associates, P.C. 2200 E. Camelback Rd., #102 Phoenix, AZ 85255

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