Co-owning real estaste property can obviously be beneficial, allowing individuals to share in the responsibilities and expenses of property ownership. However, disagreements can arise regarding important decisions like selling the property. As an Arizona-based law firm specializing in real estate matters, Anthony Law Group is here to address the question: Can a co-owner sell a property without everyone’s permission in Arizona? Let’s explore the legal landscape surrounding this issue.
Understanding Co-Ownership of Real Property in Arizona
In Arizona, co-ownership of property can take various forms, including joint and tenancy in common. Joint tenancy typically includes the right of survivorship, meaning that if one co-owner passes away, their interest automatically transfers to the surviving co-owners. On the other hand, tenancy in common allows each co-owner to possess a specific share of the property, and their share can be freely transferred or inherited.
The Power to Sell a Parcel of Real Property
In the context of co-ownership, the power to sell a property largely depends on the specific ownership arrangement and the consent of all co-owners. Generally, unless otherwise stated in a legally binding agreement, such as a co-ownership agreement, the consent of all co-owners is required to sell the property.
Co-Ownership Real Estate Agreements
To avoid potential conflicts and clarity, co-owners should have a written co-ownership agreement. This agreement outlines each co-owners rights and responsibilities, including the process to follow for selling the property. It can specify whether a unanimous decision or a majority vote is needed to sell the property, ensuring everyone’s interests are considered.
In some cases, co-owners may disagree on whether to sell real property. If a co-owner wishes to sell, but other owners do not consent, the owner who wants to sell may pursue a partition action. A partition action allows the co-owner seeking the sale to petition the court for the division or sale of the property. If the court finds it fair and reasonable, it may order the property to be sold, and the proceeds will be divided among the co-owners according to their ownership interests.
If a co-owner sells real property without the consent of all other owners, the non-consenting co-owners may have legal remedies available. They may seek legal action to challenge the sale, claiming that it was not authorized or that their rights were violated. It is crucial to consult with a knowledgeable real estate attorney who can evaluate the circumstances and advise on the appropriate legal steps.
Seek Help From The Best Real Estate Lawyer in Scottsdale
Navigating co-ownership issues can be complex, and the laws surrounding real property rights can vary. Suppose you find yourself in a co-ownership dispute or have questions about selling real property as a co-owner in Arizona. In that case, consulting with an experienced Scottsdale Real Estate Attorney like those at Anthony Law Group is best. They can provide personalized guidance based on your situation and help protect your rights.
Co-ownership of real property in Arizona comes with its unique rules and considerations. To ensure a smooth co-ownership experience and to protect your interests, it is essential to consult with a knowledgeable Arizona Real Estate Attorney who can guide you through the legal complexities and help you make the right decisions.