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four Arizona family members have equal shares (interest) in

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four Arizona family members have equal shares (interest) in 2.5 (undivided)acres of land (all legally documented). Can one member sell his/her share without the consent of the others? Don't all HAVE TO AGREE to sell? If this property is to be surveyed for determine who has what, don't they ALL have to AGREE what area they want designated as his/hers? Please quote the A.R.S. so I can get a copy at the library. THANK YOU VERY MUCH. Have a Happy Day!
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 3 years ago.
1) Can one member sell his/her share without the consent of the others? Don't all HAVE TO AGREE to sell?

Unless otherwise state in a writing agreement, not all parites have to agree to sell. A party can sell their share without the consent of the other owners. Again this can be done unless there is a written agreement which says all parties have to agree. Only that person share will be sold, which means the new buyer would be co-owning with the other buyers. However in reality this is unlikely to happen as most buyers would not want to share with someone else.

2) If this property is to be surveyed for determine who has what, don't they ALL have to AGREE what area they want designated as his/hers?

It would be easier to subdivide each parties interests and yes it would be easier if all parites agreed to which piece of the land would be theirs, but this does not affect selling that person's percentage to someone else. If parties cannot agree, a judge can make the division (called a partition in kind law suit).





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Customer: replied 3 years ago.
Could you please quote the Arizona Revised Statutes regarding this property issue? Thanks.
Expert:  Attorney & Mediator replied 3 years ago.
The issue on rights is found in the following section:

33-431 Grants and devises to two or more persons; estates in common; community property with right of survivorship
33-432 Presumption of intention to convey fee


Issue of the power to divide by the court at the request of the owner(s) is in the following:


Article 7 Partition
12-1211 Compelling partition; complaint
12-1212 Unknown owner; notice and service by publication; protection of rights in decree
12-1213 Hearing and issues
12-1214 Abstract of title; inspection; cost
12-1215 Entry and contents of judgment; appointment of commissioners; surveyor
12-1216 Duties of commissioners
12-1217 Report of commissioners
12-1218 Report of commissioners when property incapable of fair division; sale; distribution of proceeds
12-1219 Objection to commissioner's report; hearing
12-1220 Partition involving future estates; title of property after partition
12-1221 Effect of judgment confirming report of commissioners
12-1222 Partition of personal property; parties
12-1223 Writ of possession or sale of personal property
12-1224 Proceedings not exclusive; rules of procedure
12-1225 Compensation of commissioners and surveyor





Further you need to review caselaw as not every topic is covered by statute. But the above answers your questions.








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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.




Attorney & Mediator, Lawyer
Category: Real Estate Law
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