Legal Question in Real Estate Law in Arizona

abandonment of joint property

My ex & I bought a house together in 11/03. He moved out when we separated in 1/06. Since then he has not contributed to the house payment or any other expenses. I've had the house for sell since April, but unable to sell. Now I'd like to refinance to get a lower intrest rate but unable to buy him out. Can I file a claim of abandonment to have his name taken off the title inorder to refinance?


Asked on 2/05/08, 11:15 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: abandonment of joint property

Probably not. You can file an action in the Superior Court for partition, which would be a forced sale.

This is a common problem with unmarried partners who buy a house together with n o written partnership agreement.

See an attorney. We have handled these sort of cases and offer free initial consultations. You would have to bring all paperwork related to the purchase of the home or other relevant paperwork. 480.835.1500.

Best regards,

James D. Jenkins

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Answered on 2/06/08, 10:07 am


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