Bargain And Sale Deed

UPDATED: Oct 1, 2022

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Bargain And Sale Deed

My fiance and I seperated. He left the home and not sure what to do in terms of the house. He is on the mortgage only and I’m on the deed and recorded with the state. Can he make me move out or sell the home? I’m a family of 3 and it would be very difficult for us to find a new place to rent with Portland rent.

Asked on November 7, 2017 under Real Estate Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are on the deed, you are an owner and cannot be forced out except by a foreclosure: certainly, a nonowner (someone not on the deed, like your fiance) cannot force an owner out, but even a fellow or co-owner cannot force you out, too; one owner cannot remove another. Therefore even if he were on the deed, he could not remove you. Bear in mind, however, that if the mortgage is not paid, the lender could foreclose; and if taxes are not paid, the government could take the property for unpaid taxes. Your fiance may not pay his share if he has moved out; even though you may be able to sue him for any amounts he contractually agreed to pay (like in the mortgage), you would still have to make sure the bank gets its money in full on time or face foreclosure. You have to make sure, as a practical matter, that you can afford the house on your own.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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