Legal Question in Wills and Trusts in Oregon
Multiple Owners of Property
Three siblings inherited a house and property from
their father (a widower). The deed to the property was
transfered to all three jointly. If one of the three dies, can
the heirs of that one demand that the property be sold
so that they can have their share of the value of the
property?
1 Answer from Attorneys
Re: Multiple Owners of Property
Ownership of the property depends on how the three children went into title. There are two ways. One, called "tenants in common" confers three distinct shares in the property that can be inherited by the heirs of a deceased child. The other, "with right of survivorship" means that the share of a deceased child is gone and the property is owned by the two remaining children.
In a situation where there are multiple owners, any owner could petition the courts to disolve the partnership and order the property sold. It could be one of the original three children or the heirs of a deceased child (assuming that the property was owned as tenants in common).
Our office offers a low cost initial consultation to review documents and help you sort this situation out.