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Subject:
My mother gifted a house tome 18 yrs ago. 30 day notice to move forthcoming
Category: Family and Home Asked by: angz-ga List Price: $10.00 |
Posted:
01 Apr 2006 07:16 PST
Expires: 01 May 2006 08:16 PDT Question ID: 714328 |
18 yrs ago my mother gifted me a house.I have lived here the entire time with my daughter who is 18. Witness's are available to testify she(mother) gave me this house. I have never paid rent, not had a landlord tennant relationship, signed any agreement or be lead down any path that this wasnt my house. For 18 years I have fully taken care of all repairs, upkeep, painting and major problems including appliances on the house. The mother has not paid for anything.Recently she says "she let me borrow the house" A process server is trying to serve me 30 day notice to move. My mother knows I am partically disabled and schedueld for additional surgery the summer of 2006. I need to protect my investments and my propery so she cant take my belongings .. or can she? What are my rights?Can she come into my home and take my belongings. I need to receive compensation for her deciding to take the gift back after 18 years. The house was orginally 150.000 in 1991 and worth 350.000 in 2006. (footnote)..Ironically the 30 day notice came after I continued to investigate her 85 yr old gentleman friend who fondled my daughter while she was in their home. The fact finding proved indeed he had engaged in inappropirate conduct with my then 15 yr old daughter. Now she is retaliaiting and serving me with papers to move out of what was my house. What can I do to protect my investment and protect her from entering myhome until I can get legal counsel or is something I can do on my own? I livein clackamas county oregon. Thansk Angela |
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There is no answer at this time. |
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Subject:
Re: My mother gifted a house tome 18 yrs ago. 30 day notice to move forthcoming
From: nelson-ga on 01 Apr 2006 07:21 PST |
I don't suppose you have anything in writing. If the house were truly yours, the title would be in your name. |
Subject:
Re: My mother gifted a house tome 18 yrs ago. 30 day notice to move forthcoming
From: probonopublico-ga on 01 Apr 2006 08:24 PST |
There are problems giving gifts 'inter vivos' (between living people) in that there should have been a tax charge if the gift had exceeded quite a small amount, which it certainly did. Clearly, there was only a verbal understanding which (I believe) has no validity in regard to real estate. Your reasons for quarrelling with your mother are perfectly understandable but my guess is that they will not hold water legally. I suggest that you visit your local Citizens Advice Bureau who (typically) have lawyers who would advise you fully on the issues and suggest courses of action. This is far too serious simply to ask around ... You MUST go to the CAB first thing Monday. Good Luck! Bryan |
Subject:
Re: My mother gifted a house tome 18 yrs ago. 30 day notice to move forthcoming
From: byrd-ga on 01 Apr 2006 09:03 PST |
There are no "Citizens Advice Bureaus" per se in the U.S. The closest thing we have here are various Legal Aid organizations. Here's the one that would be for your area: Clackamas County Legal Aid Services of Oregon, Oregon City Regional Office 421 High Street, Ste 110 Oregon City, OR 97045 503-655-2518 or 800-228-6958 http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/legalaid.htm This organization provides legal assistance to low income individuals. You didn't state your financial circumstances, so they may or may not be able to assist you, depending on income qualification. If not, you might try the Clackamas County Bar Association to request referral to a local attorney: Clackamas County Bar Association Kristen S David (exp. 12/2006) Bowerman & Boutin LLP 1001 Molalla Ave Ste 208 PO Box 100 Oregon City OR 97045 phone: 503 650-0700 or the Oregon State Bar if the local bar is unable to help: http://www.osbar.org/members/localbars.asp However you proceed, I would strongly encourage you to get some professional legal advice. You're going to need it. Best wishes, Byrd-ga |
Subject:
Re: My mother gifted a house tome 18 yrs ago. 30 day notice to move forthcoming
From: probonopublico-ga on 01 Apr 2006 09:23 PST |
Oops! Sorry I had just ASSUMED that you were in the UK (where I am)! (I've had a LONG day with my trains screwed up all ways.) Fortunately, Byrd has flown in to the rescue. Better luck now that I know you're in Oregon. (Believe it or not but I've actually been to Oregon!) Bryan |
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