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
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