Arizona - Unauthorized occupants, lease agreements

What is the name of your state (only U.S. law)? Arizona

I co-own a home with my ex-fiance (both listed on mortgage and title). We have owned the home for 5 years; I lived in the home for 4 years. Our relationship ended and because of the problems we had, I had to leave the home. I paid half the mortgage plus the full expenses of my second household for six months, until a renter was secured. That renter never signed a lease agreement, and still resides in the home without a lease agreement. My ex-fiance then applied for a modification and falsified the justification. The mortgage company dropped the mortgage by $400. He then brought in a second person (without notifying me) who is now living in the house without a lease agreement.

I found out yesterday about the second person, which was done without my knowledge or agreement. I also think the first renter SHOULD have a lease agreement in place. I think BOTH occupants should have lease agreements as a measure of protection for them, my ex, and us. I have no problem with them living there, I simply want a lease agreement establishing rent and terms and conditions of living in a house that I am legally and financially responsible for as well as him.

Do I:
1) Have the right to request a lease agreement be signed?
2) If they do not sign lease agreements, do I have rights to have them removed from the property?
3) How much notice do I have to give to have the lease agreements signed and/or issue notice for removal?

Thanks for any advice.

Please listen!

You’ve got much bigger fish to fry than worrying over whether the renters are there under a written lease or not. Why?

Because you either took leave of your senses in buying the home jointly with your then fiancé, or you were totally ignorant of the legal mess you were putting yourself into by creating an estate in common a/k/a an estate in cotenancy.

The problems you are experiencing with disagreements over documenting the existing occupancy are comparatively minor to those ahead of you, believe me.

Wait until he decides to move into the home with his girl friend and her kids. You won’t be able to prevent it. Nor could he prevent you from moving in, because each of you has the equal right to the use and possession of the home. Together or separately.

And each co-owner/cotenant remains equally responsible for the mortgage payments, taxes, insurance, etc., no matter who occupies the home.

Moreover, neither cotenant can be held responsible for the payment of rent to the absent cotenant.
___________

As to the renters. Technically neither one of you can effectively rent or lease the home without the approval of the other. By the same token neither can unilaterally terminate a rental. The reason IS that individually each ONLY OWN AN UNDIVIDED ONE-HALF INTEREST IN THE HOME.

Obviously you two will need the monthly rental to take care of the mortgage payments. So my advice is to work with him to keep the property rented - written lease or no written - until you can get it sold.

And the quicker you can get it sold and thus exorcise yourself from the legal trap you unwittingly fell into, the better!