Ultimate Guide to Selling Your House During a Divorce
By: James P. Mueller, Esq.
and Chris Ziebell
If you are going through a divorce, one of the things that you will need to decide is what will happen with your shared home. The family home is often one of the most substantial assets that a couple owns. It may also hold sentimental value to both sides. The division of assets in a sale, or the question of who gets to keep the home itself, can get complicated in a divorce. Arizona is a community property state. This means that if there is no prenup (discussed more in detail under heading 4. below), the spouses generally share ownership of anything purchased, acquired, or paid for during the marriage, regardless of who paid for the property, or whose name is on the title of the property.
Legal Update
What Does a Cloud on a Real Estate Title Mean?
By: Christopher J. Charles, Esq.
Purchasing real estate can be complex, especially when you encounter an unexpected and unwanted title issue during the transaction, such as a cloud on the title. A “cloud” is a problem that might negatively affect your ability to take legal ownership of the property. Therefore, a successful real estate deal depends on you being able to resolve the matter. Whether you are participating in a real estate transaction that involves a cloud on a title or another problem has arisen, an Arizona real estate lawyer can assist you.
Co-Owning Property with Others: How to Avoid a Partition Action
By: Christopher J. Charles, Esq.
Family members, significant others, and business associates often co-own real estate for business or personal reasons. Co-ownership of real estate may arise voluntarily, such as when business partners jointly purchase property, or involuntarily, such when multiple family members jointly inherit property from a deceased loved one. Unfortunately, all too often, the co-ownership of property can lead to disputes when the familial, social, or business relationship deteriorates. In this situation, filing a partition action and selling the property may be the only viable solution.
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