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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23414
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am a female 83. I have been living with my male partner

Customer Question

I am a female 83. I have been living with my male partner for 37 years. We never married. He is dying of Cancer. He made out a trust and has not provided for me adequately in it. I have shared financial support for both of us all these years. When we bought the house years ago I thought my name was on the title. It is not. What can I do. He has not passed yet, but is beyond stage 4.
Submitted: 4 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 4 months ago.

Good afternoon. I am sorry to hear about what you are going through. Is he coherent and of sound mind? Do you know why he has yet to provide for you or does not want to?

Customer: replied 4 months ago.
I do not know why. He has left 30K for his granddaughter and is allowing me to live in the house until I die. I want the freedom to sell the house for my comfort to a one level. What is my options. Under Oregon Law, are we not a common law marriage after 37 years?
Expert:  FamilyAnswer replied 4 months ago.

Thank you for the additional information. Oregon does not have common law marriage, so after 37 years, it would not simply entitle you to his estate. In a situation like this, he would need to make up a will and devise/assign the house to you. In addition, he could leave to you money and other assets. If he refuses to, he can not be forced. If your name is ***** ***** the title, then you would not have any legal right or interest to it. I know you shared you bought the home but you would need to show there was some type of agreement to give you a legal right and interest in it. If he made out a trust and/or a will ( which you may not know about), that is at his discretion and he can not be forced to include you, if he does not want to. Yes, I 100% understand your share financial support for you both all these years but will need and want to show that was conditioned upon something and that this was not a relationship with shared expenses and costs.

Customer: replied 4 months ago.
Is there Oregon Co-habitation laws? I was sure Oregon was a common law marriage state.
Expert:  FamilyAnswer replied 4 months ago.

Thank you for the reply. A common law “marriage” is not created in Oregon. However, if a couple is from a state that acknowledges common law marriages, and the couple meets the requirements of common law marriage of that state, then the state of Oregon will recognize the marriage of that state as valid in Oregon.

The court will look to the intent and actions of the parties to determine if an unregistered domestic partnership has been formed. If there is not a written document outlining the intent of the parties, the court will look to the actions of the parties to determine the parties' intent. Factors the court may consider when trying to determine if the parties have created an unregistered domestic partnership include: whether the parties co-mingled finances; whether the parties acquired jointly titled assets; and whether the parties held themselves out as married.

Although no formal court proceedings are required to end an unregistered domestic partnership, either party may file a petition with the court requesting the formal dissolution of the unregistered domestic partnership in order to force a division of the parties' jointly and individually owned assets and debts. The process for litigating the dissolution of an unregistered domestic partnership is similar to the process for litigating the dissolution of a marriage

Expert:  FamilyAnswer replied 4 months ago.

I just wanted to follow up and see if there is anything else I can answer or clarify. I am here to help so please just let me know.