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my daughter & her fiance purchased a home together & both names are XXXXX XXXXX mortgage they are splitting up he's out of work and giving her no money to pay any bills and wont leave and also has brought his girlfriend child & dog to live there what legal rights does she have to get him & her out of the house
State/Country relating to Question: Arizona Already Tried: this is my first effort
If they're both on the deed and mortgage, they both have an equal right to be there. Legally, the only way she can force him out is to file a partition lawsuit. This suit actually forces the sale of the property - even if one owner does not want to sell.
Usually, once the petition is filed, the judge will order an appraisal of the property. Then either party is given the opportunity to buy the other out. If there are no takers, the property will be sold at auction and the proceeds will be divided equally.
Attorney
Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations