questions & answers

Question: My ex and I bought a house in Feb 2018 and after he cheated on me we broke up. The title is in both of our names so I know he has just as much as a right as I do for the house. However, I am living there until we make a decision on how we will be handling the house. On 9/27 he came in and took appliances out of the home. Is this legal? I was lead to believe that the appliances could not be removed or sold by either parties.

Answer: The answer to your question depends on whether you and your ex are in the process of getting divorced.  Arizona Revised Statutes, Section 25-315 states that when a petition for dissolution of marriage is filed, a preliminary injunction is issued by the court.  Under the preliminary injunction, the statute states: "1.(a) That both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties . . . . . ."   If there is no marriage, and you, as an unmarried couple, jointly purchased the house, the situation is different. You may end up needing to sue your ex.  Whether that is advisable or desirable depends on the circumstances. You do not say if the appliances are fixtures:  hot water heater, stove incorporated into the cabinets, etc.  Were they smaller appliances that would qualify as personal property like microwaves, coffee maker, toaster, etc.?  Talk to a lawyer.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means offers a one hour consult with an experienced attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625.