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Tina .I hope all is well. We have a question concerning

Customer Question
Hello Tina .I hope...

Hello Tina .I hope all is well. We have a question concerning owners responsibility and upkeep on property. My wife and sister inherited the house my mother in-law lived in. she passed 10 years ago and my wife and i moved in. My sister in-law had a place of her own.The property was in a very poor condition and my wife and i restored it. My sister in-law has not spent any time or money on the improvements and restoration on the property. MY question is, is she responsible for her share of the improvements, and if the property was to be sold, will her part of the home improvement be deducted from her share of the sold price. Does this situation need to be legally documented if she has a equal share of improvements to the property?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None

Lawyer's Assistant: Where is the house located?

Arizona

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
3/26/2018
Real Estate Lawyer: Ray, Lawyer replied 3 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,776
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 3 months ago

You may have to file a partition suit here in Arizona.Under partition here all costs including legal fees, repairs, costs of sale, etc come off gross sales price and the net is then divided 50-50%.

Arizona partition law states that when there are two parties who jointly own a piece of property or a building, and one of the parties no longer wishes to own it, that party has a right to compel a partition, or division, of the property. When you have an interest in land or buildings, and you no longer wish to be an owner, it is an absolute right of yours to divide the property and take your share. There are two means to doing this. The parties can either negotiate a voluntary division of the property, or they can go to court and a judge will determine the best manner for splitting the real estate.

In the state of Arizona, there are two ways to partition property: in kind or by sale. A partition in kind is a division of the physical property. Instead of the two parties both having the right to possess the whole property, a judge will carve out pieces and they will each be the sole owner of their own portion. In many situations, however, this does not work, so a partition will be made by selling the property at auction and allowing the parties to divide the proceeds.

The division off property and proceeds will depend on the manner in which the parties took title to the land. Arizona has two major types of concurrent tenancies: joint tenants and tenants in common.

I appreciate the chance to help you , you have rights with an Arizona lawyer through the courts.

If you can positive rate 5 stars it is much appreciated.

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Real Estate Lawyer: Ray, Lawyer replied 3 months ago

Real estate litigation lawyer for you here

Contact Information:

Maricopa County Lawyer Referral Service
Phoenix, AZ
Phone:(###) ###-####br />Toll free:(###) ###-####/p>

Pima County Bar Association Lawyer Referral Service
Tucson, AZ
Phone:(###) ###-####**@******.***

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Customer reply replied 3 months ago
As home owners, me and my wife have done all of the repairs to the property ourselves.over the years there has been no contractors involved. whats the legal way to show her equal part?
Real Estate Lawyer: Ray, Lawyer replied 3 months ago

You may need an appraisal of the enhancements from realtor.You can show the expenses here, what labor might have been.You need to have some basis here for what you want and she owes you half of that.

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Customer reply replied 3 months ago
An appraisal, receipts, pictures are these things useful in showing her part?
Real Estate Lawyer: Ray, Lawyer replied 3 months ago

It shows the value of the repairs and she would be liable for half here.Realtor could estimate that.

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Customer reply replied 3 months ago
Is there anything else i might need?
Real Estate Lawyer: Ray, Lawyer replied 3 months ago

No just gather your realtor and an estimate.If you have to suit for partition you may need them for a witness.Good luck here.

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Customer reply replied 3 months ago
Thank you for your help.
Real Estate Lawyer: Ray, Lawyer replied 3 months ago

Bye for now have a great evening.

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