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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Aug. 1, 1987)
Joint ownership of property Buying property with a lover, partner or mate can deepen bonds and affirm commitments; however, goodwill and good feelings do not always last forever. Promises of today may have to be enforced tomorrow. mally. If you are considering joint property ownership. DO NOT MAKE Please note that no two situations are THIS MISTAKE. alike. This column discusses general legal The various rules regarding ownership principles only. For specific advice to rely of real property are very technical (and on you must consult a qualified attorney. very boring). I won’t even try to explain all the various possibilities, but important is ftentimes, the most concrete sues that your lawyer will help you work expression of a gay/lesbian out include questions of survivorship couple’s commitment to each other is buy (Does your share go to her when you die? ing a house together. Or at least planning or to your heirs ?), whether the property should be held as tenants in common or tenants by the entirety, or held by way of partnership. What agreements regarding the right to possession should be made ? Can just one of the owners bind the to do so when you’ve found the right part property (Such as ordering a new deck to ner, or get that promotion, or the probate be built, which can cause a lien against the finally ends on Aunt Minnie’s estate. Joint entire property)? ownership of property can have some real As should be apparent, real property advantages, but as Ms. Ireland and Ms. ownership is one of the most important Flanagan found out (probably at great ex decisions you will make (and probably pense) it can also create serious problems your biggest single investment). My ad when the intentions of the parties are not vice is to do it carefully and to do it right. clearly reflected in the way they structure Consult a qualified attorney early and of ten as you put your deal together. Do not their joint ownership. let a real estate salesperson talk you out of Ireland and Flanagan were two unmar having an attorney. They will sometimes ried women whose joint property owner tell you that lawyers just slow up a deal, ship was finally resolved by the Court of and “ nitpick” all kinds of details. This is Appeals in 1981. These two had ‘1 bought a true, but SO WHAT. You are not making house together” several years earlier this deal to please the real estate agent, when, as Ireland testified, they planned whose interest really is only to close this . .to have a long relationship together deal and get on to the next one. A real and a marriage [and to] pool our resources.” estate lawyer’s job is sometimes to slow To get the down payment together, Flana you down, too. When the passion to close gan borrowed $5,000 from her credit un the deal and paint the white picket fence is ion and Ireland sold her car for $2,000. obscuring your judgement, your lawyer Significantly, the property was placed in can help keep your feet on the ground and Flanagan's name only. Apparently, either your money in your pocket until the deal is they did it this way to shelter Flanagan’s really ready and right for you. much higher income, or because the es Buying property with your lover, part crow agent made up the papers in error, but ner or mate can be an opportunity to they signed them anyway and never got deepen your bonds together and affirm around to putting the property in both your commitments to each other. Plan for names. it in your life, but when you are ready, Whatever the reason, the property was remember that the promises of today may technically in the name of Flanagan only have to be enforced tomorrow, so protect when the relationship ended and the fight your intentions with sound legal advice. over the property began. Ireland sued for Next month: Wills and Living Wills. her half interest in the property, and for half its rental value for the time Flanagan The author is an attorney in private lived in it after Ireland left. The trial court practice and maintains offices in the Lloyd denied any relief, but the court of appeals Center area. • found that it was the intention of the parties to be “ Equal cotenants” in the property. Therefore, Ireland was declared to be a one-half owner (But Flanagan was entitled to a credit of $ 1,500 because of her larger share of the down payment). As a result, BONNIE L. JACKSON, Ireland had to pay one-half the house pay ments (she had stopped paying when she R ecovery T h era p ist moved out), but was entitled to offset one- half the reasonable rental value of the property (because Flanagan continued to Individual • Couples • Families live there, in effect excluding Ireland from Relapse Prevention, Consultation the property). The point of this story is that no one should ever have to go all the way to the 2311 E. Burnside. Suite 101 Court of Appeals to find out whether or not Portland. Oregon 97214 they owned a part of the property they thought they did. Unfortunately, this couple chose to rely on the goodwill and good feelings they had for each other at the time, and allowed one of their most im 232-1233 portant legal matters to be set up infor BY BRADLEY J WOODWORTH, SANDRA K. PINCHES, Ph.D. 1809 N .w . Johnson, Ste. 7 P o rtlan d . O R 9 7 2 0 9 (5 0 3 ) 2 2 7 -7 5 5 8 o Esq O ■ C oum S í JI R.N., CDC Specializing in issues of: • Recovering Alcoholics Co-dependency • Lesbian & gay couples • Intimacy a commitment E very phone should have one The Just Out Pocket Book will become your best friend. It will guide you to services, professionals, and businesses which welcome you as a valued customer. For just $ 1, the Just Out Pocket Book will help you network within our community and become your trusted source for politics, sports, religion, health, entertainment, services and more. Just fill out the coupon below and mail it with your check or money order to Just Out Pocket Book, P. □. Box 15117, Portland, Oregon 9 7 2 1 5 Just Out Pocket Book(s). Please send me Enclosed is $1 per book plus 5 0 cents shipping and handling per book. Name _______________________________________________ Address ____________________________________________ City, State, Zip __________________,_____________________ = E If you are interested in selling the lust Out Pocket Book, please call Jeff Fritz at (503) 236-1252. No m a tte r how long you have been 'out' you can wear a Just Out T-shirt. White, 5 Q /5 0 Hane’s T-shirt with purple print. Just $8. With every T-shirt receive a free Just Out Pocket Book. Just Out T-shirt(s) at $ 8 each. Please send me Enclosed is $ 8 per shirt and $1 fo r postage and handling. Circle size(s) S M L XL XXL Name __________________________ Address ________________________ City, State, Z ip___________________ Mail to: Just Out T-shirts P O Box 15117 Portland. Oregon 97215 Just Out. 29 . August. 1987