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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been living in a house with my BF 1/2 years.

Customer Question

I have been living in a house with my BF for 6 1/2 years. He got a promotion and moved to another state in January. He has now decided he wants me out of our house so he can sell it.. do I have any rights at all? I cannto afford to move. he has always paid the mortgage but I have helped with other bills and living expenses. i am in Oklahoma city. do I have any rights?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me if:
1) You and he ever entered into a formal agreement about a tenancy?
2) You were paying a fixed amount every month or so to him?
I am guessing not, but I just want to make rule this out before we continue.
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
I paid the living expenses and food - he paid mortgage and utilities - it was just a verbal agreement. I picked this house out that we moved into together. Once time I was kidding with him that if I did not lose weight he would kick me out. he said - I will never kick you out of your house. Apparently - never was too long.
Expert:  Ely replied 2 years ago.
Thank you.
On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
You are a "tenant at sufferance." A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the landlord and may be terminated at the will of the landlord. The landlord (i.e. him) can ask you to leave at his discretion. OK Title 41, §8.
Your payment for bills and living expenses are seen as "gifts" in the relationship - they do not afford a tenant at sufferance a right to continue living in the property.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
so a verbal promise of permanent residence cannot be enforced?
Expert:  Ely replied 2 years ago.
No, it cannot - for two reasons.
1) He can simply deny this was ever agreed upon, but even if he admits it;
2) "A[ verbal] agreement that, by its terms, is not to be performed within a year from the making thereof" is not binding. §15136. In other words, any contract that is longer than a year MUST be in writing to be enforceable. This is called statute of frauds - see here. So it simply is not enforceable.
Thank you again for not shooting the messenger, in advance.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 2 years ago.
I will be homeless...literally homeless.
Expert:  Ely replied 2 years ago.
Hello,
Thank you for your follow up.
Again, I wish I had better news, but there is no easy solution.
If you refuse to leave however, he has to "evict" you, meaning actually filing a lawsuit which can take on average about 2 weeks to a hearing. This may buy you time to relocate, at least. This is especially true if you "appeal" the decision, etc. While futile, it may buy you a month or so all-together.
Thank you again for not shooting the messenger, in advance.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.