Legal Question in Real Estate Law in Oregon

She can sue him for breach of contract, unjust enrichment, and other causes of action. It would be a fairly simple case. She would show that she made the mortgage payments, thus giving her an equitable interest in the house. She can recover her equitable interest only if the house is now sold. If he agreed in writing to sell the house, then he has also breached that contract.

But there is now a few federal law that might interfere with such a lawsuit.

The Soliders and Sailors Civil Relief Act (SSCRA) is a protective device for U.S. soldiers and sailors during a time of conflict or training. See 50 U.S.C. App.500-548, 560-593 1990.

First, the SSCRA permits stays of civil court proceedings whenever military service prevents a plaintiff or defendant in military service from asserting or protecting a right. Members' requests for a stay of proceedings under SSCRA must be granted unless the members' military service does not materially affect their ability to defend themselves. You would have to argue in court that being in the military does not prevent the boyfriend from retaining a lawyer to defend the lawsuit.

Second, the SSCRA provides that the maximum duration of a stay of proceedings is the member's period of military service plus three months after discharge. Following this period, the member must appear in court.

Third, the SSCRA affords service members relief against default judgment by providing potential means to have the judgment reopened. If there is default of any appearance by the defendant, before a party can obtain a default judgment, he/she must submit an affidavit stating whether the defendant is or is not in the military service or that the plaintiff does not know whether defendant is in the military service. A judgment obtained without the affidavit is voidable (not void) upon defendant's showing that presentation of the defense was prejudiced by defendant's military service. The court then must appoint an attorney if the defendant is in the service and does not have an attorney present in court or if the plaintiff does not know whether the defendant is in the service. The responsibility of the court appointed attorney is to ascertain whether the defendant is in the military and, if so, typically to request a stay of proceedings in the defendant's behalf. Members may request to reopen a default judgment if there has been no appearance, the service member has a meritorious or legal defense, and military service adversely affected the member's ability to defend.

Fourth, the SSCRA provides that any judgment or garnishment may be stayed or vacated unless military service does not materially affect member's ability to comply.