Shared Equity Rules In Arizona

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Multi-State
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US-00036DR
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Description

In equity sharing both parties benefit from the relationship. Equity sharing, also known as housing equity partnership (HEP), gives a person the opportunity to purchase a home even if he cannot afford a mortgage on the whole of the current value. Often the remaining share is held by the house builder, property owner or a housing association. Both parties receive tax benefits. Another advantage is the return on investment for the investor, while for the occupier a home becomes readily available even when funds are insufficient.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Taking equity out of your home can be risky because it involves borrowing against the value of your property. This means you are increasing your debt and potentially putting your home at risk if you are unable to repay the borrowed amount.

Home equity sharing may also be wise if you don't want extra debt reflected on your credit profile. "These agreements allow homeowners to access their home equity without incurring additional debt," says Michael Crute, a real estate agent and operations strategist with Keller Williams in Atlanta.

Answer: Yes. In Arizona, when multiple owners cannot agree on the use or disposition of real estate, one or more of the owners may obtain a court order to “partition” the property. Where the property is vacant land and a fair division can be made by dividing the property, the court will do so.

If you find yourself in a situation where one owner wants to sell the property but the others don't, there are a few different options to consider. These may include negotiating a buyout agreement, seeking mediation or arbitration, or taking legal action to force a sale.

In Arizona, property law is governed by ARS Title 33. Joint tenancy with right of survivorship is covered in ARS 33-431. When real property is owned by multiple people, property law refers to it as a concurrent estate. The co-owners, or co-tenants, are commonly categorized as either joint tenants or tenants in common.

§§ 12-1211 through 12-1225. Partition is an absolute right of property owners in the state, meaning that a person with an ownership interest in property may ask a court to force a sale or divide jointly-owned property at anytime. There are, however, some exceptions to this general rule.

In a Joint Tenancy with Right of Survivorship, if one of the owners dies, his or her share will pass equally to each of the other Joint Tenants, regardless of who would otherwise inherit the deceased owner's estate.

The law is that all co-owners have a right to occupy the property, which means they have the right to allow any person to move into the jointly owned home without the permission of the co-owners unless a partition action is filed.

Consider the following risks before you embrace joint tenancy as a planning tool. Loss of control. Exposure to creditor claims. Unexpected tax consequences. Strained relationships. Lose use of testamentary trusts. Learn what your POA can and can't do. Choose your POA wisely. Review your POA selection periodically.

Rights to Lease Property: Co-owners can lease out jointly owned property, but they typically need mutual consent. If the co-ownership agreement specifies, one owner might lease the property independently. However, without such an agreement, unilateral leasing can lead to legal disputes and potential partition actions.

More info

The property can be divided evenly, or the owners can control differing shares if needs be (e.g. The Flagstaff Affordable Homeownership Program allows low to moderate income households access ownership through a permanently affordable shared equity model.Have questions about Unison's Home Equity Sharing or how to get equity out of your home? Check out our frequently asked questions and get answers today. Our sample equity sharing agreements are designed for co-ownership of a single residential dwelling (which could be a detached home, townhouse, or condominium) You have two basic options. Parties need not be married; may be more than two tenants in common. Each spouse holds an undivided one-half interest in the estate. Equity sharing agreements don't have these requirements or monthly payments. Check out this quick side-by-side comparison.

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Shared Equity Rules In Arizona