It is frequent that people who own real estate in Arizona find themselves unable to agree on whether to sell and / or how to manage the property. When this happens, the revised Arizona laws provide a mechanism whereby a property owner can force the sale of the property and distribute the resulting proceeds.
Partitioning system, provided for in A.R.S. Article 12-1211 and later provides for the appointment of one or more “commissioners” in charge of the sale of the property. If the property can actually be divided by dividing it into equitable parts, the owner wishing to retain ownership of his or her share may be able to do so. In most cases involving single family homes or other property that cannot be divided in general, however, the property must be sold and the proceeds distributed.
The commissioner (s) appointed to manage this process are usually Arizona real estate brokers or other similar professionals uniquely qualified to prepare the property for division and / or sale. Although the court can make any order deemed fair and necessary, the Commissioner (s) are usually compensated by receiving a sales commission.
In most cases, zoning procedures do not include defenses that allow one or more owners to prevent the sale (unless they wish to purchase the owner (s)). In this case, section procedures that do not involve other related problems can be handled fairly quickly without much calculation. However, since the division case in Arizona must be filed in the Arizona Supreme Court and must strictly comply with the legal guidelines, the party seeking to enforce the division of property or face the partition complaint against him or seek professional advice.
An experienced Arizona real estate lawyer should be able to help guide you through a zoning procedure. If you wish to enforce a department, your attorney can help ensure that your division complaint meets the legal requirements and that the request for the department provides the convenience you are looking for. If you are sued, an experienced Arizona real estate attorney can help make sure you have a fair hearing and distribute any department proceeds.