Joint tenancy problem

[Justiceforall7]

What is the name of your state (new mexico)

I made the mistake of buying a property with a friend. It is a basic joint tenancy and we have been negotiating for months and months and getting nowhere.

After receiving threats from him I had to move out, I filed partition. I can't get to court for months and he is having parties and destroying the property. Any advice I can do within my rights?

I was thinking of having cars towed of people I don't know or setting up cameras. Anything else I can do? Thanks

 

[OHRoadwarrior]

Co owner is free to enjoy use of the property and invite company over to party.

 

[ecmst12]

You are going to lose a ton of money in the partition suit anyway, the condition of the property is the least of your problems.

 

[latigo]

You are going to lose a ton of money in the partition suit anyway, the condition of the property is the least of your problems.

Now s/he can safely disregard the “least” of them knowing that the continued deterioration of the common property will not adversely effect its appraisal nor the the court appointed commissioners’ selling of it.
__________________

But isn’t it somewhat contradictory to admonish that the New Mexico action to Partition Real Estate will be costly and yet be totally dismissive of the condition of the real estate that is to be sold as a consequence of that action?

 

[ecmst12]

Well, OP doesn't have the right to stop the other owner of the property from using it or allowing other people to gather there as long as they are not doing anything illegal. The whole thing is a very bad situation and there are not a lot of options for minimizing the losses. Did you have any actual advice for this poster or did you just want to harass me?

 

[tranquility]

Well, OP doesn't have the right to stop the other owner of the property from using it or allowing other people to gather there as long as they are not doing anything illegal. The whole thing is a very bad situation and there are not a lot of options for minimizing the losses. Did you have any actual advice for this poster or did you just want to harass me?

Depending on how you define "illegal", waste IS illegal and could cause ejectment even of one legally in possession. If the property is being "destroyed" the OP may have a cause of action that can remedy that.

 

[ecmst12]

I wonder if the property is actually being damaged or if OP is exaggerating a bit because he's unhappy with the situation.

 

[ecmst12]

Also if OP just starts randomly getting cars towed of people who are guests of the co-owner, he is going to land himself in a bunch of hot water himself.

 

[tranquility]

I agree self-help is not advised. I also agree "destroyed" may be a bit dramatic. But, there is not a clear guideline as to how much damage is waste. (Some states, material.)

 

[BigMouthWino]

The OP needs to follow latigo's advice on this matter.