Detailed Answer
Under Arizona law, a co-owner (tenant in common) who pays for improvements to estate real property may recover contribution from the other co-owners. You can pursue this reimbursement in two primary ways: a standalone contribution claim under A.R.S. § 33-375 or as part of a partition action under A.R.S. § 12-1101 et seq.
1. Contribution Claim Under A.R.S. § 33-375
Arizona Revised Statutes § 33-375 allows a co-owner to file an action for contribution for necessary repairs or improvements made to the property. To succeed, you must demonstrate:
- Co-ownership status (tenant in common).
- Your expenditure on improvements and that you paid more than your fair share.
- These improvements benefited the entire property.
File your claim in the superior court of the county where the property lies. Cite A.R.S. § 33-375 and include detailed invoices and before-and-after valuations.
2. Partition Action With Accounting Claim
If co-owners disagree on division, you can initiate a partition suit under A.R.S. § 12-1101. In that action, you may request:
- An accounting of all contributions for repairs and improvements.
- A physical division of the property or a court-ordered sale.
- An equitable lien on the share of any co-owner who benefited without contributing.
Partition actions offer a comprehensive resolution but can involve higher court costs and fees.
3. Statute of Limitations
Most contribution claims must be filed within six years under A.R.S. § 12-548 (actions on unwritten contracts) or within three years for certain equitable or tort-based claims. Always confirm deadlines with legal counsel.
Helpful Hints
- Keep detailed records of all labor and material expenses.
- Obtain written consent from co-owners before starting major improvements.
- Retain invoices, receipts, and photographs of work.
- Document how each improvement increases property value.
- Consider mediation to resolve disputes quickly and affordably.
- Compare the costs and benefits of a contribution suit versus a partition action.
- Consult a real estate attorney early to assess strategy and deadlines.
- Track all relevant statute-of-limitations dates to avoid forfeiture of your claim.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Arizona to address your specific situation.