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Oregon Real Estate Law Questions & Answers
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
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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.

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.

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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

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

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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: My father sold his home. He is now being sued for taxes that were not found at the closing of the sale. Is he responsibl

My mom passed away, my dad sold the home. A few years later he is being sued for property taxes that were found after the closing of the sale. He had all the paperwork go through a local title company. He went to the title company to sign the papers at the closing of the sale. Who is responsible... View More

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

If these are taxes which he should have paid, he probably owes them nonetheless. However, it is strange that they were not discovered at the closing (since it was done through a title company). Usually, if it was something the title company missed, they would take care of the taxes for the... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Oregon on
Q: A guest of Condo A causes water to flow into Condo B. Is Condo A owner responsible for guest actions?

Condo A owner says that his guest maliciously plugged up the sink and left the water running, causing water to enter Condo B's floor and wall damages.

Condo A insurance company denies any liability stating that Owner of Condo A is not responsible for the actions of guests.

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

Depending on the declaration, bylaws and rules of the UOA, the insurance company may be right. But there is also the possibility that you might recover against the guest, or even against the owner on the theory that the owner was negligent in entrusting the unit to this particular guest (something... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Quit claim deed to add wife

I would like to do a Quit claim deed to add my wife. I know there are several types. I want to know what are pros and cons of different types. I'm in Oregon, Linn County.

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

I think you would be well advised to consult an attorney. Probably a bargain and sale deed would better suit your intention, but the way you word the granting clause can make a difference as to what type of interest she acquires. This is a job for a lawyer.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: MTM lease termination law vs signed agreement

I have a MTM lease dated 7/17 in Portland. It requires 30 days written notice by landlord or tenant to terminate. Is it now 90 days anyway because of the new law, or does the rental agreement take precedence?

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

The new laws take precedence.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: What happens if our landlord dies, we don't have a written agreement, & only proof of payment is cleared checks in OR?

Landlord passed away, divorced mid-late 60s with 3 adult children. Not sure if he had a will or not? We live in Oregon and would like to know our rights both worse case or best case scenario. We've lived here for a little over a month, I paid first, last, & deposit and February rent... View More

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

YOu have the same rights as you would have had were the original landlord still living. If you pay your rent, the tenancy can be terminated only in the manner permitted by law, and if terminated, your deposit is fully refundable if you return the premises in good condition with all obligations... View More

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: I sold my home and was in the process of moving out. The new owner changed the locks, am I liable for the debri removal?

I had an interested party for my appliances that where not included in the sale of my home. They where a mutual friend of all parties. When the new owner heard there was interest in the washer and dryer and fridge he changed the locks and is now trying to sue me for removal of debris in the garage.... View More

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

If the new owner was the "new owner," and entitled to possession when he changed the locks, he has committed no wrong. The question is what does your sale agreement say about property which is left behind.

1 Answer | Asked in Real Estate Law for Oregon on
Q: I entered in to a verbal agreement purchasing a 10% ownership in a farm that was purchased together. is it enforceable?

This was not an existing estate, but purchased together. I am currently going through divorce and they are unwilling to hold up to the agreement, only offering back what I put in to it initially and not valuing any of the 10s of thousands of hours and materials bought etc. Do I have legal recourse.... View More

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

I really don't understand the situation, but be aware:

1. The Oregon Statute of Frauds requires that an agreement to buy or sell property must be in writing and signed by the party to be bound.

2. In a rather interesting case, the Courts in Oregon determined that an agreement...
View More

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: In a real estate purchase agreement, if the seller knowingly lies about an HOA's existence, what can the buyer do?

We are currently pending in a purchase agreement for a property in Beaverton, OR. The seller disclosed in both the seller disclosure document and RMLS that no HOA exists. However, this is not true. The title report shows that an HOA was established by the developer. The HOA has not been dissolved,... View More

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

Title reports are issued so that a buyer can determine whether the condition of title is satisfactory, and gives the buyer a certain amount of time in which to object to the condition of title (including things like CC&R's which create an HOA). If everyone agrees that you can terminate... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: What are the steps to get our real property back from buyer who defaulted?

We offered owner financing to our buyer who is almost two months behind on their payments. I would like to go the non-judicial route to forfeit their interest in the property for defaulting pursuant to Oregon law. I am having a difficult time understanding my requirements having to do with the... View More

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

This is really not a do it yourself project. There are some very definite requirements in order to effect a forfeiture under a land sale contract or to foreclose. I always start by getting a foreclosure guarantee from a title company so I can know who may have or claim an adverse interest in the... View More

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