Legal Question in Family Law in Oregon

Re: Breach of verbal agreement

YOUR FACT SITUATION:

My girlfriend and I decided to live together. B4 moving in we agreed she would pay x amnt for rent, groceries and portion of utilities. She was terminated fm her job and was unemployed for 10 months. She moved out oct/05 after 15 months. She will not satisfy agreement. She says her housework while unemployed should be reimbursed although not part of agreement.

QUESTION # 1: Can she have a claim against me twds my home or anything else because of living arrangement that wasn't apart of the agreement?

ANSWER: No.

QUESTION # 2: Should I take her to small claims or a higher court?

ANSWER: Small claims court.

QUESTION # 3: If her claim of housekeeping is valid, should I claim all of my expenses even though they are not part of the agreement?

ANSWER: Sure. Why not? After all, you never agreed to compensate her for housekeeping and she never agreed to compensate you for your expenses. So each claim is just as invalid and unenforceable as the other. (In a breach of contract lawsuit, the only issues are: (1) what was it to which the parties agreed?; and (2) has there been a breach of the agreement (i.e., legally unjustifiable failure to perform).

QUESTION # 4: She hasn't picked up her things. What should or can I do about that?

ANSWER:: Hold on to them for the moment. Notify her in writing by certified mail, return receipt requested, deliver to addressee only, that the stuff will be deemed as abandoned unless, with 30 days of her receipt of the notice, she retrieves the property or makes other arrangements with you for disposition.

QUESTION # 5: Are there any other considerations due to our living arrangement that may be a concern for me.

ANSWER: Yes. Get yourself checked for STDs. And in the future, avoid getting involved in living arrangements of this nature.

QUESTION # 6: Can she sue me for things not agreed upon?

ANSWER: Yes, she can sue anybody for anything at anytime. The question, however, is whether she will prevail in her lawsuit. And to that the answer is: probably not.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

E-mail: [email protected]