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I am divorced and I'm on title of the property we own

I am divorced and...

I am divorced and I'm on title of the property we own together however I'm not on the loan he qualified on his own but I want to sell the property and he doesn't want can I do?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Has anything been filed or reported?

Such as?

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Answered in 2 minutes by:
3/11/2018
Loren
Loren, Attorney
Category: Legal
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Does the decree address the sale of the property?
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Customer reply replied 1 month ago
No, we purchased this property together after the divorce.

Thank you for the additional information.

If you cannot agree on the sale of the property, you may need to seek a writ of partition.

If real property is owned concurrently by two or more persons then any of the interested parties may bring an action to "partition" the property which, effectively, requests the court to physically divide or, alternatively, order the sale of the property and division of the proceeds. The action is called a Partition Action and for people with concurrent interests (currently existing) who have not "waived" the right to partition, this remedy is an absolute right. The demand for partition must be granted by the Court to such plaintiffs -- although the details of the order can vary widely. The "order" for the sale is typically an Interlocutory Judgment of Partition by Sale, either issued soon after the lawsuit is filed but sometimes not until all of the financial and legal issues are resolved.

Partition actions must be filed in the county where the property is located. Any person with an existing or future interest in the property may bring the action.

This is an equitable remedy, which means the litigation is somewhat complex. While not proceeding pro se is not legally required, it is strongly recommended you retain an attorney to move forward.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

MARTINDALE HUBBLE

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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,257
Experience: 30 years experience representing clients.
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