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It is often that people who jointly own Arizona real estate are not certain whether, for the sale and / or how to manage the property. If this happens, the Arizona Revised Statutes for a mechanism whereby one of the owners property may be the sale of the property and the distribution of the resulting income.

The partition as defined in statute A.R.S. Section 12-1211 et seq., Does the appointment of one or several "commissioners" who are entrusted with the sale of the property. If you can be physically partitioned by using it in fair portions, an owner wants to own his Shares can be done. In most cases, where individual homes or other properties, which are usually not divisible, but are sold and the proceeds distributed.

The Commissioner (s) appointed to ensure this process is usually Arizona real estate agent or similar professionals that are unique to the preparation for the partition and / or sell. Although the court can be independent, to be fair and necessary, the Commissioner (s) are usually determined by the sales commission.

In most cases, partition actions are not concerned with the defense to the owner or to block the sale (unless they want to buy, the other owner (s)). If this is the case, partition actions, which no other related issues can be dealt with relatively quickly and without excessive effort. However, since a partition must be Arizona in the Arizona Superior Court and must be strictly in accordance with the statutory guidelines, a party, the force-partition of a property or a partition, the complaint against him or her should have professional advice.

An experienced Arizona Real Estate lawyer should be able to help guide you through a partition action. If you want to create a partition, a lawyer can help to ensure that your partition complaint meets the legal requirements and the mandatory exemption which partition you are looking for. If a partition was against an experienced Arizona real estate attorney can help make sure that you will receive a fair hearing and distribution of any proceeds partition.

Kevin R. Harper is an Arizona real estate and business services, litigation attorney, to individuals and small businesses throughout the state of Arizona from his central Phoenix and Chandler, Arizona offices. His office is located at 1 N. Central Ave., Suite 1130, in downtown Phoenix.

For more information on Arizona Real Estate Law, feel free to contact Harper Law PLC at 602-256-6400, or visit the company online at http://www.HarperLawArizona.com

Copyright 2008 Harper Law PLC, all rights reserved.

The above article is for informational purposes only and, because each situation is different, is not as definitive legal advice. You should not act on this information without independent legal advice regarding your individual situation.

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