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Q: My mother gifted a house tome 18 yrs ago. 30 day notice to move forthcoming ( No Answer,   4 Comments )
Question  
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
Answer  
There is no answer at this time.

Comments  
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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