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Oregon Questions & Answers
1 Answer | Asked in Family Law and Real Estate Law for Oregon on
Q: In OR unmarried couples that live as married have rights dividing assests and real property like married people
Joanne Reisman
Joanne Reisman answered on Oct 15, 2019

An unmarried couple breaking up and file a dissolution of a domestic partnership. There is a major difference in this type of proceeding from a divorce. Oregon Law renders a presumption that married people share everything equally. There is no such presumption for an unmarried couple. Rather it... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In oregon tenant landlord law does the defendant have to notify petitioner that they retained attorney before first hear
Gregory L Abbott
Gregory L Abbott answered on Oct 15, 2019

No. Neither plaintiff nor defendant are required to have an attorney to begin with and if they elect to do so, the first court appearance is often the first time the opposing party becomes aware that the other side is represented. It may even not happen until one shows up for trial - only to find... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Dealing with black mold property manager several times. since the owner has switched property managers 2x.
Gregory L Abbott
Gregory L Abbott answered on Oct 14, 2019

Since you ask no question, there is nothing to respond to.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Do apartment managers NOT have to disclose the lease-length of known, quiet neighbors? I'm trying to avoid future noise.

I'm trying to decide whether to stay on month-to-month rent or get a lease, and future neighbor NOISE is the main wildcard. My current neighbors are luckily quiet (for the most part) but new ones could be bad. The managers say they can't legally tell me when the quiet people's lease ends, or if... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 11, 2019

Sorry but you have no legal right to know anything about the rental agreement between a neighbor and the landlord. You may want to know; you may have use for the information; but you have no right to know. Ask your neighbors, perhaps they will tell you. Only you can make the decision as how to... Read more »

1 Answer | Asked in Criminal Law for Oregon on
Q: The cops say theres a warrant for someones arrest but then why when i do a search is there nothing found.

And if it doesn't come up can the person be arrested? And if they are what should they do?

Gary Kollin
Gary Kollin answered on Oct 9, 2019

warrants are generally on public sites but instead kept with the confidential NCIC system

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can the amount of child support be changed without notifying the parent who receives it?

I have received the same amount of child support for seven years now. My sons father has not changed jobs and is earning the same wage as before. However, the last 5 months I have received 1/4 of the court ordered amount. I found out that his girlfriend recently filed for child support of their... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

Hopefully your support is being collected for you by Oregon's Support Enforcement. You need to call them and find out why the amount forwarded to you has gone down. Some reasons it can go down could be he didn't pay the full amount or he lost or changed jobs and the maximum they can garnish is... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: Where to file small estate claim?

My father was killed during the scope of his work out of state. My mother has been told that she must open a small estate case in Idaho and not in Oregon where they live. Is this correct?

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

If your father lived in Oregon at the time of his death and there is property in Oregon that needs to be transferred to heirs or devisees, then Oregon is the right place to file either a small estate's affidavit of a probate. But neither process is required by the law and you mother really needs... Read more »

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1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: If the father isn't on the birth certificate, do I already have sole custody? Do I need to file for it? How do I file?

I know who the father is but he won't comply with child support and I need to apply for custody of both of our kids. He is only on 1 birth certificate. I need to know how I do that. I have custody forms but it asks for paternity. We were never married.

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

Go to the child support division of your local district Attorney's office and apply for assistance with child support. They will take care of both child support and proving paternity. Once paternity is established you can use the court forms to apply for custody. Just be aware that the court can... Read more »

3 Answers | Asked in Divorce for Oregon on
Q: My husband took all our money out of our joint bank account and put in a bank account with just his name on it?

.

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 9, 2019

The property subject to division in a dissolution consists of two categories. The first, “marital property,” consists of any property that either or both of the parties own, regardless of when the property was first acquired. The second category of property is “marital assets.” Marital... Read more »

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1 Answer | Asked in Car Accidents for Oregon on
Q: I had an accident. Nobody was hurt. My car and his car were slightly damaged to my bumper and to his wheel.

No witness, no proof to prove someone's fault. We said, "we are OK, no one hurt, just small damage". However to repair his car (I don't need to repair my car) he said he was going to call his insurance company that day later or tomorrow, and so did I. After one day leaving the scene, I reported... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 8, 2019

Your statement is really vague. You can at least tell your insurance adjuster what you know (ie the street you were on, the direction you were driving, what lane you were in, when you first notice the other car, etc) and let the two adjusters figure it out. They will consider stuff like whether... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: I have sole custody in Oregon and let my son move to CA with his dad. Does his dad now have physical custody?
Joanne Reisman
Joanne Reisman answered on Oct 8, 2019

The original custody order still applies until the court orders a change. However the fact that your son moved to live with his father to California may persuade the court to change custody to the father. It also may depend on how long your son has lived with his father. You really haven't said... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a written 24-hour Notice of Entry valid if it fails to state a date for access: for example, "_____ day of Sept/Oct"?

The Notice adds that "you will receive another notice as contractor gets closer to working." When the contractor arrived unannounced, he said that knocking on my door to work was the required notice.

Gregory L Abbott
Gregory L Abbott answered on Oct 4, 2019

The legal requirement is for a landlord to provide at least 24 hours actual notice of the landlord's intent to enter. I believe the purpose of that requirement is to notify the tenant of the upcoming entry and to allow the tenant to either make arrangements to be present if they wish or to tell... Read more »

2 Answers | Asked in Child Custody and Family Law for Oregon on
Q: can i get custody of non biological children

i hAVE six children 3 of them whore are my childrens sibiling that i have raised 100% there lives 3,4,8 mother is absent for over 3 years and father and i are seperated i raise the children 100% on my own and have played the role of single parent half of there lifes alone since seperation i have... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 3, 2019

To obtain custody of a child who is not your biological child, you will have to overcome a legal presumption that the child's legal parent is acting in the best interests of the child. Raising the child may be enough to overcome the presumption that the legal parent is acting in the child's best... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Oregon on
Q: Mom's house was sold 5 months agowe been waiting for some news from executor of the will my brother we have not heard
Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2019

The court file is public information. You can look at it any time you wish and even make copies (though most courts charge a fee for copies). If you need help interpreting what you are seeing in the file, or if you are concerned that the executor is not performing his or her duties properly, do... Read more »

1 Answer | Asked in Collections for Oregon on
Q: I have a judgement against me via American Express. It was sold to Midland. Can they collect it?
Gregory L Abbott
Gregory L Abbott answered on Oct 1, 2019

Likely yes - it is, after all, what a collection agency does. It would have to have been legally assigned or otherwise lawfully transferred from American Express to Midland but if so, Midland would have the same rights as American Express.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What's the definition of terminating a tenancy?

If a landlord gives a 60 day no-cause notice to vacate to a tenant who has lived in the unit for more than one year are they liable to three times rent? Is giving the notice to vacate the same as terminating a tenancy even if the notice is withdrawn by the landlord and they concede to the tenant... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 30, 2019

Yes, you terminate a tenancy by giving written notice to a tenant that their tenancy is terminated effective a specific date/time in the future. You can rescind the notice and try arguing that once rescinded it never happened and you should not have to pay the penalty but my guess is a Judge is... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Oregon on
Q: Is it legal for 3 seperate dwellings to share an address and single family mailbox, or for 2 to share a gas meter?

I rent what used to be the garage of the main dwelling at my address. The gas company considers it the "shop" address, but its a 2 br house. There is also a shop behind my house that has been converted into a one bedroom bungalo. Three seperate dwellings but one mailbox, intended for a single... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 30, 2019

Given that a landlord is not legally required to provide any mailbox, you likely have no claim regarding sharing it. If you prefer, simply get a P.O. Box or private mailbox at one of the many places offering such options. The gas meter may be a different deal however. It depends upon what your... Read more »

1 Answer | Asked in Bankruptcy and Divorce for Oregon on
Q: I am trying to understand a couple topics related to bankruptcy in Oregon.

1. When one spouse has credit card debt in his name alone, does the Family Expenses Statute apply to routine expenses like groceries and utility bill. More generally, I am wondering when credit card debt can be considered joint debt of both spouses even though it is in the name of one spouse.... Read more »

Timothy Denison
Timothy Denison answered on Sep 30, 2019

1. All debt acquired during the marriage is presumptively marital debt regardless of whose name it is in.

2. Yes, to some degree depending on how much total equity is in the house.

3. It will be if it is an arms length transaction between divorcing spouses. It may not be...
Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant has not paid rent, not responding to text. Appears to have moved. Do I have to give notice to enter?

I witnessed them moving belongings. few weeks in the past

Saw them leaving unit 4 days ago

Gregory L Abbott
Gregory L Abbott answered on Sep 29, 2019

It all depends upon your comfort zone and willingness to take a risk. IF they are actually out, then no, possession has been restored and no notice is necessary for you to enter - it is after all totally your property. IF, however, they are just temporarily gone with the intent to return, then... Read more »

1 Answer | Asked in Landlord - Tenant and Civil Rights for Oregon on
Q: Moved in May 2018: can landlord terminate my 12 month lease for Weekend Visitation w/ 7yr old daughter.

I received an email asking whether or not a small child lives in my house. We have we can visitation with my husband 7 year old daughter. Landlord commanded custody agreement paperwork be given to her for her examination. Upon receiving she emailed all responses to her conclusion of terminating... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 29, 2019

Whether a landlord can prohibit further visitation likely depends upon the exact wording of your lease. Even if they can, your posting raises questions as to whether they are trying to terminate your tenancy lawfully. Consider reviewing both issues with a local landlord-tenant attorney to learn... Read more »

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