Gay polyamorous real estate dispute (Oregon) : legaladvice

Authored by reddit.com and submitted by friedo4

This one’s a little convoluted and may sound like a property bar exam by the time I’m done, so please bear with me. My friends (We’ll call them Adam, Bob, and Charlie) are purchasing a home together. They are in a committed polyamorous relationship, but Adam and Bob are married to each other while Charlie is not married to either. Adam and Bob are professional working fellows. Charlie is a real estate agent. In addition to being a party to the sale, Charlie is the buyer’s real estate agent. Prior to signing the sales contract, the parties verbally agreed that they would own equal 33 1/3% interest in the property and all parties would pay 1/3 of the mortgage. Charlie agreed to use his commission as the buyer’s agent to serve as his part of the down payment on the home. Charlie was never going to be on the loan for the home.

Now there is a signed sales contract with Adam, Bob, and Charlie for the purchase of the home. Charlie has indicated he no longer intends on using his commission as a down payment and has no intention of paying his share of the mortgage. He does however want a 33 1/3% interest in the subject property. Adam and Bob are the only people on the loan. Adam and Bob do not want Charlie on the loan or on the title, nor do they want him to have an interest in the property as they believe he’s breached his agreement with Adam and Bob regarding the purchase of the home. Charlie is still permitted to live in the home, but Adam and Bob don’t want Charlie to have an interest in a home he has no obligation to pay for and has made no payments toward. Adam and Bob are agreeable to signing a will that provides for Charlie to get a 100% ownership interest in the home in the event of Adam and Bob’s demise.

Does Charlie have any claims against Adam and Bob? Do the title and loan documents need to match the parties on the sales contract? Does the sales contract have any weight versus the title and deed if Charlie were to bring a quiet title action? What are Adam and Bob’s rights and remedies? What are Charlie’s rights and remedies?

Edit: Goddammit, I should’ve referred to the property as Blackacre.

laurifex on October 5th, 2018 at 23:48 UTC »

Adam and Bob are agreeable to signing a will that provides for Charlie to get a 100% ownership interest in the home in the event of Adam and Bob’s demise.

This is going to end up on a murder podcast, I guarantee it.

toomanyrougneds on October 5th, 2018 at 23:24 UTC »

I sent a link to this to a friend of mine who teaches law in Alberta. He just replied, “why do you hate me?”

bookluvr83 on October 5th, 2018 at 22:01 UTC »

If not for the mod posting that they had been given proof, I would've thought this a law school homework question.