I was hoping to gain some answers to a few question I have about a pending Partition of a home in Arizona.
The home was purchased in 2009 by myself and the other party. At the time, we were together (but never married) and have 3 children in common. In 2013 our relationship ended and the other party moved out of the home, myself and the children in common stayed in the home.
I have been in the home ever since and have taken on 100% responsibility for paying the mortgage, interest on the loan, taxes, and other house related expenses.
Over the years we have tried to come to an agreement to remove the other parties name from the home, but plans were never followed through with. Here we are and the court process has started to partition the home.
The other party is claiming that they want the house sold and to receive 50% of the profit from the sale, stating they have a 50% equity claim to the home since the paperwork states it is a joint tenancy with rights of survivor ship.
I am making the argument that the equity is not 50/50 and should be calculated based on the individuals actual contribution to the home. Simply put, during 2009 - 2013 contributions were 50/50 since we both held jobs and contributed to the home/family. However, from 2013 - current I should have claim to 100% of the contributions to the home since the other party has not paid a dime towards the property (or lived in the home) for nearly 5 years.
my rough calculations equate to an 80/20 equity split in my favor (purely based on principal paid towards the home)
On top of that I then would argue that, for the last 5 years, I have also paid 100% of the interest on the home loan that the other party is 50% responsible for since their name is on the loan (same argument with taxes).
This would result in the other party owing me roughly $30,000 that should be paid to me from their proceeds of profit based on their 20% equity claim.
I would even think that the fact that the other party has actually married since our split and their spouse has purchased a home, coupled with the fact that they essentially abandoned the home 5 years ago could break the joint tenancy "rules" and I could claim 100% ownership of the home.
I was hoping someone had experience with a Partition of property in Arizona and could give some insight if my logic makes sense.