Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oregon on
Q: I purchased property from Aunt with a sells agreement, my Aunt passed away and I kept paying her daughter.

After I paid my Aunt's daughter off, the daughter completed a Quick Claim Deed, signing property over to me, I filed it with the county. Then my Aunt's Daughter passed away, and the deed never got put into to my name.

What can I do now to get deed in my name??

Thank You,

Julie MF.

Joanne Reisman
Joanne Reisman
answered on Aug 16, 2018

I am having a really hard time understanding what happened because it would require looking at all the documents involved. You are simply going to have to make an appointment with a real estate Attorney and show them the documents to see if this is going to be easy or hard to fix. Because the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Am I owed relocation assistance?

My landlord is increasing my rent 90%. I live in Protland Oregon. I am trying to figure out if I am owed relocation assistance from them but I am getting conflicting information. If they are exempt would I have had to receive notice of the exemption before/with the notice of increase? Some of the... View More

Gregory L Abbott
Gregory L Abbott
answered on Aug 7, 2018

A single rental within the city limits used to be an exemption but the Portland City Council made major changes in the ordinance last March, including removing that exemption. Any notice of a rent increase in Portland of 5% or more requires the landlord to include a written notice of your rights,... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Do I have to continue leasing to the remaining roommate?

I have a roommate lease situation. They are all staying until the lease ends--of the 4 roommates, only one wants to stay. I don't want to keep him as a renter. Am I required by the Portland law to keep him as a renter? But since they were all on the lease--if he wants to stay--don't they... View More

Joanne Reisman
Joanne Reisman
answered on Aug 3, 2018

Try reposting this as a landlord tenant question.

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Oregon on
Q: Would I inherit my husband's rental properties (purchased via 1031 exchange after we married) if he expires?

After a divorce 5 years ago, Richard updated his Will, leaving everything to his adult children. We married 3 years ago, and he hasn't updated his Will or added my name to the two duplex rental property titles (except as 1% owner at time of purchase of the building which he/we bought with... View More

Michael P Vanderhoff
PREMIUM
Michael P Vanderhoff
answered on Jul 20, 2018

Both you and your husband should have updated your Wills after getting married. Real property doesn't automatically pass to another unless it is titled correctly to do so ("right of survivorship", "tenants by the entirety", Transfer on Death Deed, etc.). If you are left out... View More

1 Answer | Asked in Criminal Law, Divorce, Real Estate Law and Landlord - Tenant for Oregon on
Q: How to get ex husband out of marital home if he's still on mortgage

I was awarded the home in the divorce, he is currently residing in the house and I need to get him out. I cannot get it refinanced because he is refusing to let the appraisers on the property.

Gregory L Abbott
Gregory L Abbott
answered on Jul 13, 2018

Depending upon the exact facts, you may need to file a lawsuit to have him ejected. You should also talk to your divorce attorney to see if there is a way to get him found in contempt of court.

1 Answer | Asked in Family Law and Real Estate Law for Oregon on
Q: How can I stop my spouse from selling our home?

I am taking care a elderly father in another state and our home is in Oregon. His name is on the deed but we got the home together

Jessica Larsen
Jessica Larsen
answered on Jun 26, 2018

Did you file for divorce in Oregon already? If you have, there is an automatic restraining order preventing both parties from disposing of marital assets. If you purchased the home together while you were married, the house is considered a marital asset and cannot be disposed of, regardless of... View More

3 Answers | Asked in Family Law and Real Estate Law for Oregon on
Q: How can I stop my spouse from selling our home?

I home is in his name only but got the home together. I am out of state taking care of father

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 26, 2018

The only way to legally prevent him from selling the home is to file a notice of lis pendens. To do that, you will have to first file a petition for dissolution of marriage or legal separation.

View More Answers

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: If my rental company gave me a no cause eviction, do they have to return my full deposit?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 7, 2018

No, there is no special rule for if there is a no cause eviction. But, make sure they do follow the laws as to timing and documentation: see ORS 90.300

View More Answers

1 Answer | Asked in Real Estate Law and Divorce for Oregon on
Q: We purchased a house in my husbands name (boyfriend at the time) my credit was bad. Can he sell with out my permission?

We have been together 18 years, married for 11 years. Purchased the house 15 years ago all in his name because of my credit Issues. We didn’t find out until recent that we could have put my name on the deed. We pay for the home together and live in it together with our kids. Can he sell the... View More

Vincent Gallo
Vincent Gallo
answered on May 27, 2018

Answering from a New York perspective, yes he can sell the house without your permission.

1 Answer | Asked in Real Estate Law, Contracts and Landlord - Tenant for Oregon on
Q: If you agree to renew a lease after the current lease ends, are you legally bound to a new lease while under current one

It’s a student type apartment next to University of Oregon where the leasing office sends out email to commit to renew the lease for the next school year. While still under the current lease and you say you will come back after the current lease ends, are you legally bound under new lease to pay... View More

Gregory L Abbott
Gregory L Abbott
answered on May 20, 2018

It depends upon what you mean by "agreeing to renew the lease". Unless it is a month to month tenancy (and if it is, it can be terminated anytime by the tenant with 30 days prior written notice), any other form of residential lease in Oregon is only enforceable if it is in writing and... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: How may I cite Texas law that allows one spouse responsible for mortgage debt but both spouses on title

There is no dispute, I simply need to show that I was responsible for the mortgage, my wife, while on the title, was not liable. I've sold the house and the movers lost my records of the old mortgae during the move from Texas to Oregon.

Joanne Reisman
Joanne Reisman
answered on May 20, 2018

Your post we sent to Oregon Lawyers. Try reposting as someone in Texas if you want a Texas lawyer to see your post.

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can a manager of a mfg'd home park stop a sale of a house if the seller does not comply with painting their house.

We bought the model home at our manufactured home park 3 years ago. We have opted to move to Arizona and have sold our home, which we rent the land under the home from the park. We have maintained the home impeccably, however, management has basically thrown the book at us, requiring us to paint... View More

Joanne Reisman
Joanne Reisman
answered on May 10, 2018

This is the type of problem where you need to take the existing lease for the space to an attorney along with your sales documents and find out what your rights are. I don't think someone can answer this on line. They need to see the lease documents. Also you will want to find someone that... View More

Q: Past boss & owner sexually harassed me, complained about being on saif claim, and many other things. I have proof of all

Past boss and owner sexually harassed me for years of my employment. I didn't realize it had been happening for awhile until boss offered me sexual favors for money. I've known boss for majority of life. Boss would also complain to other employees about me not being in, while I was on... View More

Joanne Reisman
Joanne Reisman
answered on May 6, 2018

If you want a lawyer you need to shop for one in the area of the problem you have and they cover. Justia is about posting short simple questions that lawyer's can answer that don't need a consultation to sort out all the details. Your problem is complex and multi faceted. So let's... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: I have a "Statutory Warranty Deed" for property purchased 15 years ago at a tax auction from a defunct HOA.

I have two questions regarding my legal rights & obligations.

Question #1: Can my neighbor use this property to put his drift-boat dock on my land?

Question #2: If he should get injured on my property (Lot A) can he sue me?

Joanne Reisman
Joanne Reisman
answered on Apr 25, 2018

As to your first question, because a lawyer can be sued for malpractice it is just not a good idea to answer questions like the type you have through anonymous contact on a website where the lawyer can't review the actual documents and ask questions. I certainly wouldn't attempt to... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: within 3 feet of the boundary line common to burdened and benefited properties.

This means within 3 feet of prop. line/on both sides of the prop line. Right?

Joanne Reisman
Joanne Reisman
answered on Apr 23, 2018

I have no idea what you are talking about. I think you are looking at language in some specific document and assuming that it is some type of universal language that an Attorney can explain to you. If this is something that is important to figure out I would set up a consultation with an Attorney... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: In oregon we must get a written notice about eviction on the property of tenancy right?

Our dad pays rent but doesnt live on the property. The bills get sent to him in another county. The landlord knows that and also knows that My boyfriend and i are the only ones that have actually lived on property for the past 8 years.

Apparently the landlord has sent a text about us... View More

John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

If this is residential property (which appears to be the case) written notice, in conformity with Oregon's residential landlord tenant act, must be given to whoever is a tenant, as defined in the statute.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Real Estate Law for Oregon on
Q: do i have a right to purchase inherited property after working for housing only for 13 years,can they sell and evict me

my siblings sabataged my duties as claiming sucessor by delaying a sale by acussing me of murder to begin with,then getting the buildings pulled off the market twice,costing 17 months out of 24 then turned around and sued me for partition,i was removed as manager and all rent money taken before a... View More

Joanne Reisman
Joanne Reisman
answered on Apr 22, 2018

You simply can't put something this complex on a website, summarize what happened and ask a question and expect a decent answer. No competent Attorney is going to try to answer something this complex. They will need to sit down with you and review everything that happened and advise you and... View More

2 Answers | Asked in Real Estate Law for Oregon on
Q: Can sellers collect offers, require all to submit “your best offer” in writing and choose the best one?

We were told our realtor is not allowed to even know how many offers came in. Ours was a full price offer within hours of the listing- we requested the lawn tractor as an additional.

Joanne Reisman
Joanne Reisman
answered on Apr 20, 2018

This answer is made based on Oregon Law:

Technically a seller is offering to see at a specific price and you are correct that a buyer stating that they agree to buy at that price should technically be an acceptance and that makes a binding contract. But in real estate sales there are many...
View More

View More Answers

1 Answer | Asked in Real Estate Law for Oregon on
Q: What does two people NOT as tenants in common but rights of survivorship mean?
Joanne Reisman
Joanne Reisman
answered on Apr 19, 2018

This answer is ONLY for real estate in Oregon - so if this is the title for real property in Oregon, this language means that when one owner dies, the other owner instantly becomes the owner of the property because they are the survivor. In contrast, tenants in common would mean that each owner... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Is an expired real estate sales agreement binding and continuable by buyer if seller failed to resolve contingency?

Closing date passed last year on 7/3/17. Contract was contingent on a water well to be completed, but it did not happen in the short time allowed (less than 2 months). Buyers did not provide me (seller) with financing updates and apparently was not ready to close with funds either. OREF website... View More

John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

It is not possible to answer your question without seeing the document and knowing what communications took place between buyer and seller. In general, a contingency is for the benefit of a specific party. If for the benefit of the buyer, the agreement may state that the contingency is waived, or... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.