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N Cal Attorney
N Cal Attorney, Lawyer
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Experience:  Since 1983
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I own property as a 'tenant in common, in ...

Customer Question

I own property as a 'tenant in common," in Oregon. My co-owner has excluded me from my property for over a year, changing the locks, putting security devices against the inside doors, and refusing to give me keys to changed locks. His latest strategy, to get me to remove my personal property from the premises, was to inform me that he has unilaterally "leased" the property to a third party, without my consent. He instructed me to set a date when he can supervise the removal of my "items," and referred to "landlord/tenant law" as justification for barring me from the property. I AM on the deed, I am an owner. My two questions: Can you point me to the Chapters of oregon law that I can use to clarify to him my certainty that he has no such rights as he is claiming? Also, as far as you know, can I call the police when I attempt to enter my own home, show them my warranty deed and fulfilled promisorry note, and will they then ensure that my co-owner allows me access?   thanks!
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 6 years ago.
Oregon Revised Statutes:
93.180 Forms of tenancy in conveyance or devise to two or more persons. (1) A conveyance or devise of real property, or an interest in real property, that is made to two or more persons:
(a) Creates a tenancy in common unless the conveyance or devise clearly and expressly declares that the grantees or devisees take the real property with right of survivorship.
(b) Creates a tenancy by the entirety if the conveyance or devise is to a husband and wife unless the conveyance or devise clearly and expressly declares otherwise.
(c) Creates a joint tenancy as described in ORS 93.190 if the conveyance or devise is to a trustee or personal representative.
(2) A declaration of a right to survivorship creates a tenancy in common in the life estate with cross-contingent remainders in the fee simple.
(3) Except as provided in ORS 93.190, joint tenancy in real property is abolished and the use in a conveyance or devise of the words “joint tenants” or similar words without any other indication of an intent to create a right of survivorship creates a tenancy in common. [Amended by 1983 c.555 §1; 2007 c.64 §1]
From http://www.leg.state.or.us/ors/093.html

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=or&vol=A131334&invol=1 is an Oregon case that discusses partition rights of tenants in common.
If your name is XXXXX XXXXX recorded deed to the property as a tenant in common, the other owner has no right to exclude you from the property. If the police will not help you with this (and they may actually do nothing other than tell you it is a civil matter) you will need to find an attorney in the County where the property is situated.
It is possible that receiving a letter from an attorney might make the other owner act more reasonably. If not, you may have to sue for an accounting and possibly for partition and ejectment.
You can look for a local real estate lawyer at http://lawyers.nolo.com/ or http://lawyers.justia.com/practice/real-estate-law/ or http://lawyers.findlaw.com/lawyer/practicestate/Real-Estate/Oregon

I hope this information is helpful.
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 8241
Experience: Since 1983
N Cal Attorney and 10 other Real Estate Law Specialists are ready to help you
Customer: replied 6 years ago.
yes, thank you very much for your detailed reply. This is helpful.

i have two follow up questions--
1. i understand what partition is; what does "sue for an accounting" mean?
2. what is an "ejectment?"

I do intend to file for physical partition of the property, because the public sale /auction that seems to be the only other option in Oregon would be a lose-lose.
Expert:  N Cal Attorney replied 6 years ago.
Ejectment is a way to sue for possession of the property against someone who is not a tenant. Unlawful detainer is used if there was a landlord-tenant relationship, otherwise ejectment is used.

If the co-owner leased the property in which you own a 1/2 interest, you should be entitled to 1/2 of the rents he is bringing in. But since we don't know how much he is renting it for, he has to be made to furnish an accounting of the rents and expenses of the property before you know how much you would be entitled to as 1/2 owner.

Thank you for accepting my answer.

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N Cal Attorney
N Cal Attorney
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Since 1983