questions & answers

Question: I am currently in the midst of a civil dispute with the co-buyer of a house I recently purchased back in April of 2015. I have been removed from the house temporarily with an order of protection which I am currently in the process of contesting. The co-buyer is demanding I remove my name from the title. I currently have an indemnity agreement that was signed by the co-buyer, but it doesnt protect me from the mortgage company, only the co-buyer. How can I force a Judicial Sale of the house so that hes forced to refinance and take my name off the mortgage? That or the house goes to the highest

Answer: If you would like to force a judicial sale of the house, you can file a complaint in the superior court of the county in which the property is located. Arizona law provides a process in which an owner of property can request a division or sale of the property. This process is called a partition action. A partition action may be used in a situation when one owner would like to be relieved from the obligations associated with the property, including a mortgage, and the other owner does not. A partition action is basically a lawsuit asking the court to order a division or sale of the property. However, problems may arise if the home is worth less than the mortgage. In that case, an individual may need to come up with extra funds to satisfy the remaining mortgage.

The following is the law that governs this process:

Arizona Revised Statutes § 12-1211:
A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and other 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.

You can file the complaint yourself or talk to an attorney. To file a complaint yourself be sure to include the mortgage lender within the complaint. You can go to the Maricopa County Superior Court website or follow this link for instructions on how to file a civil suit in the superior court:
https://www.superiorcourt.maricopa.gov/LawLibrary/Docs/PDF/SelfHelp/CivilSuitsandAnswers.pdf

If the property is not located in Maricopa County you can visit www.azcourts.gov to find the applicable superior court’s website and follow the instructions provided on how to file a civil complaint.