Lake Oswego, OR asked in Real Estate Law for Oregon

Q: My fiancée and I own a house in Oregon. We are both on the title and the mortgage. However, several years ago she

created a trust. Our house is in this trust. She is listed as a "trustee" on the deed of our house. I am not. How does this affect my claims and ownership to the house if we were to split up?

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1 Lawyer Answer
Theressa Hollis
Theressa Hollis
  • Portland, OR
  • Licensed in Oregon

A: If you did not sign the Deed transferring your share of the house into your fiancée's Trust then you still own that share (likely 50%). If you did sign the transfer Deed then you no longer own the house as it is owned by your fiancée's Trust. I recommend you have an attorney review the paperwork for you including the Deed and (if possible) your fiancée's Trust Agreement.

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