Legal Question in Real Estate Law in Oregon

no signed anything

i have been living in a house since 1991 that my ex boyfriend legally owns on paper. he moved out in 2000 and has always told me the house is mine. recently he decided that it is not mine but i can live in it as long as i want. what could he do legally to if he wanted me out? we only have verblel aggrements. i am concidering taking him to court over this to force him to stand by his word that he had told everyone including all our family members for yrs that this house would always be mine. he has a couple of his own houses and is very wealthy. do i have a leg to stand on? i would appreciate any advise you could give me. this was all he left me and now he wants to not stand by his word. there is alot more to this then i am able to write, but any helpful information would be greatly appreciated


Asked on 1/19/08, 3:40 pm

1 Answer from Attorneys
Andrew Svitek Svitek Law Group, LLC

Re: no signed anything

I'm afraid that there is no easy way to take care of this. You're looking looking at a quiet title action, possibly a partition action under ORS 105. The problem is that you are not co-tenants (I believe that's required for ORS 105). Also since there is are no written agreements, you will run into a problem with the Statute of Frauds, which requires that agreements relating to real property need to be in writing. Adverse Possession is not going to work since you're in the house with his permission. Who has been paying property taxes and insurance on the house? Presumably you could get some credit for maintaining the house and paying taxes.

I feel for you as this must be quite a shock. The best outcome is probably to try to settle this case... but you are probably going to need the help of a lawyer.. based on telling him that you're ready to fight for an ownership interest, but will let it go if you can buy the house for a lower value or if he'll "buy you out"... soo you move. Clearly you can make things difficult for him, although I am not recommending that you do so to spite him...and a lawyer can help make some type of case and allow you get something here. It won't be easy, and you probably don't have a right to stay and you probably don't own the house either. That said, there may be a way to get something from this.

Let me know if I can help. Good luck.

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Answered on 1/19/08, 4:56 pm


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