Partition Rules In Arizona
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Luckily, Arizona law provides a solution, called a partition action. In a partition action, the Court can divide, or partition, property by ordering that it be sold, with the net proceeds distributed to the owners in proportion to their individual ownership interests.
Arizona Partition Actions File in superior court in the county in which the property is located; Identify the names and residences of each of the known owners, Identify everyone? s known ownership interests and claims; and. Include a description of the property, and it's estimated value.
§§ 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.
It shall be unlawful for any person to permit trees, shrubs or bushes growing upon their property to encroach and interfere with a traffic control device, the passage of persons or vehicles, or the flow of drainage water over or on any public right-of-way or easement.
The plaintiff files a document (complaint) with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take. A copy of the complaint and a summons are delivered to (served on) the defendant.
One to acquire title purely by adverse possession, such possession must be actual, open and notorious, hostile, under a claim of right, continuous for the statutory period (here 10 years), and exclusive." Rorebeck v. Criste, 1 Ariz.
The Uniform Partition of Heirs Property Act (UPHPA) helps preserve family wealth passed to the next generation in the form of real property. If a landowner dies intestate, the real estate passes to the landowner's heirs as tenants-in-common under state law.
Under the Partition of Real Property Act, the court shall consider (1) whether the physical partition is practicable, (2) whether a physical partition would substantially diminish the fair market value of the property, (3) evidence of the collective duration of ownership, (4) sentimental attachment of a co-owner, (5) ...