Ousted from a joint tenancy house

[John Se]

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

I have been ousted, locked out from a house I own as joint tenants. The other joint tenant has previously abandonded the house and significant damage was caused by this (water leaks).

The other Joint tenant has abandonded the house again.

They now have threatened to stop paying thier half of the mortgage and I have filed a partition action with the court.

I am evaluating my options:

A. Shut off the water and the power.

B. Notify the other tenant and have the locks changed, leave a key for them.

C. Shut off the water and the power. Notify the other tenant and have the locks changed, leave a key for them.

D. Shut off the water and the power. Board up the house with plywood screwed to the exterior door casings.

 

[Zigner]

Taking what you have written at face value...

You both have the right to access the home. If s/he changes the locks, you can hire a locksmith to make you a key, and vice-versa.

 

[Ohiogal]

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

I have been ousted, locked out from a house I own as joint tenants. The other joint tenant has previously abandonded the house and significant damage was caused by this (water leaks).

The other Joint tenant has abandonded the house again.

They now have threatened to stop paying thier half of the mortgage and I have filed a partition action with the court.

I am evaluating my options:

A. Shut off the water and the power.

B. Notify the other tenant and have the locks changed, leave a key for them.

C. Shut off the water and the power. Notify the other tenant and have the locks changed, leave a key for them.

D. Shut off the water and the power. Board up the house with plywood screwed to the exterior door casings.

Why do you believe they have to pay half the mortgage?

 

[quincy]

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

I have been ousted, locked out from a house I own as joint tenants. The other joint tenant has previously abandonded the house and significant damage was caused by this (water leaks).

The other Joint tenant has abandonded the house again.

They now have threatened to stop paying thier half of the mortgage and I have filed a partition action with the court.

I am evaluating my options:

A. Shut off the water and the power.

B. Notify the other tenant and have the locks changed, leave a key for them.

C. Shut off the water and the power. Notify the other tenant and have the locks changed, leave a key for them.

D. Shut off the water and the power. Board up the house with plywood screwed to the exterior door casings.

Why did you purchase this house in the first place? To live in, to rent out, to fix up and flip, to hold onto until you can sell for a profit?

Whatever the reasons for your purchase, your Option C seems a bit pointless. Changing the locks to prevent entry by the joint tenant and then providing the joint tenant with a key to the changed lock serves what purpose?

Your other options are equally puzzling, except for possibly shutting off the water if a water leak still exists. If there is still a water leak, your best option would be to shut off the water, repair the leak, turn the water back on, this so the home doesn't lose its value from water damage.

Why do you want to shut off the power to the home or board it up?

 

[John Se]

Why do you believe they have to pay half the mortgage?

That was the deal made as part of a co tenancy agreement and signed by both parties, plus the other party has actually been paying half for seven years in accordance with the agreement. Now they have threatened not to at least pay thier fair share.

 

[John Se]

Why did you purchase this house in the first place?

A misplaced sense of family honor, my MIL lives there, but we found out she was using my wifes identy to borrow money and not pay it back (after we were being called by debt collectors and ruining my wifes credit)

Changing the locks to prevent entry by the joint tenant and then providing the joint tenant with a key to the changed lock serves what purpose?

Not trying to prevent their entry, just gain my own.

Why do you want to shut off the power to the home or board it up?

Purely for safety, liability for this abandoned house, the last leak and damage was repaired to the tune of a $15,000 insurance claim.

Also, She is a cronic hoarder and the house if packed to the ceiling every room with junk.

 

[Ohiogal]

That was the deal made as part of a co tenancy agreement and signed by both parties, plus the other party has actually been paying half for seven years in accordance with the agreement. Now they have threatened not to at least pay thier fair share.

Yes but they haven't not paid their fair share. They have not broken the agreement. You don't have cause for a suit for that reason.

 

[Zigner]

Not trying to prevent their entry, just gain my own.

Then call a locksmith to have a duplicate key made.

 

[STEPHAN]

A misplaced sense of family honor, my MIL lives there, but we found out she was using my wifes identy to borrow money and not pay it back

Did you inform the police? Any other action you did to clean up your wifes credit history?

 

[FarmerJ]

Call the city that home is in to learn if they have special ordinances that apply to boarded up homes that start a time clock for the home to be condemned or put on some kind of watch list like ones some cities use for problem rental properties. I would suggest that if you can get pictures of so called damage that the other person caused to do so for your own records.

 

[quincy]

... my MIL lives there ...

... liability for this abandoned house ...

... She is a cronic hoarder and the house if packed to the ceiling every room with junk.

So your mother-in-law no longer resides in the house but her belongings are still in the house? Is your mother-in-law the joint tenant who has disappeared at times?

Is the joint tenant (whether it be your mother-in-law or someone else) currently up-to-date on the payments?

If your joint tenant (or anyone for that matter) lives in the home (upon original agreement with you) and the joint tenant (or anyone for that matter) is the one who is keeping you from entering the house at will, I can understand why the locks would be changed. Your entering an occupied home would be an intrusion into the privacy of the resident.

I guess I am puzzled by what you are saying.

 

[justalayman]

In response to the question in your other thread



I didn't dig into it but I am pretty sure there is something here;


http://scholar.google.com/scholar?q=partition&btnG=&hl=en&as_sdt=4%2C3