Resnick Law PC

Co-Ownership Real Estate Solutions for Arizona & California

In a partition action, gathering evidence to substantiate improvements or to prove your opposing party wrong is crucial. This evidence can significantly impact the contributions awarded and the credibility of your case. In this article, seasoned partition attorneys at Scott Resnick Law share the variety of evidence that co-owners preparing for a partition may want to collect and organize to strengthen the case.

How can I Show Proof of Ownership?

To get started on your partition action, provide the property’s deed to your partition attorney. It is necessary to establish your ownership interest in the real property. The following are several additional documents that reveal key information on ownership interests in real estate:

1. Title Report or Title Search: Obtain a current title report or conduct a title search. These documents outline the complete ownership history, including any transfers, liens, or encumbrances on the property.
2. Tax Records: Gather property tax records that list you as an owner or co-owner of the subject property. These records can corroborate your ownership claim.
3. Probate Records: If you acquired the property interest through inheritance, provide probate court records, such as a decree of distribution or other documents that transfer the ownership interest to you.
4. Recorded Deeds: In addition to the original deed, provide any subsequently recorded deeds that may have transferred or modified your ownership interest.
5. Trust Documents: If the property is held in a trust, furnish the trust agreement or certification of trust, demonstrating your beneficial interest.

How Can I Prove Money Spent on Improvements?

Contributions in partition actions play an important role in the division of proceeds. Arizona law is well established with respect to reimbursements for improvements under the precedents set in Brown v. Brown (1941) 58 Ariz. 333

1. Receipts and Invoices: Retain all receipts, invoices, and canceled checks related to improvements made to the property. These documents provide direct proof of expenditures and the nature of the work performed.
2. Expert Appraisals: Consider hiring a professional appraiser or contractor to evaluate the property and provide a written report detailing the improvements, their costs, and the resulting increase in property value.
3. Photographs and Videos: Visual documentation is invaluable. Take timestamped photographs or videos of the property before and after improvements, capturing the progress and final result.

Proactively collecting and preserving this information can significantly strengthen your case and ensure a fair outcome. Providing evidence for improvements is essential for accounting of contributions.

Helpful Records to Trace Communications

Some of the most valuable records to collect include emails, text messages, and witness statements. Compiling this documentation will help paint a clear picture of the co-ownership relationship and any disputes that have arisen over time.

1. Emails and text messages: Be sure to search the inbox using email addresses they may have had many years ago but have since changed to find your communications with co-owners. Text messages can be tough if the phones are gone but you may look to your iCloud to see if any messages were stored from the past.
2. Witnesses: A declaration may be used to report statements from witnesses, such as neighbors, family members, or contractors, who may have observed the improvements or interactions between co-owners.