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Additional Details
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NeferMaat | I own the house. Can I throw my husband out? |
We live in Oregon. I purchased it before we were married. I don't necessarily want to start divorce proceedings now, but I do want him to leave the house, and he won't go. I need to sell it. Does he have the right to remain? How do I throw him out legally? (We have a small child together. ) He is not giving me any money for bills, mortgage or child support.
Additional Details
I have gone to a lawyer for a "free consultation", but obviously he is not giving me all the information he could because he wants me to hire him. I don't have 3500$ in cash up front to hand him as a retainer. Just wondering if anyone has been through this and might have advice. Believe me, I know I really need a lawyer. Thanks all, please keep it coming. |
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Marianne T
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Go talk with a divorce lawyer on Monday and find out your rights. If Oregon is a "community property" state, then you will have to pay him 50% of the value of the house. It doesn't matter if you owned it before the marriage, half will be his if you divorce unless you had a prenup. Your lawyer will give you all the legal answers for Oregon. Good luck (and I hope it isn't a community property state!) |
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Chef Frisbee
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Why are you asking that here? You need to be consulting a lawyer.
However - even if you had purchased the home prior to the marriage, he has been residing there the totality of the marriage and thus has established right of residency.
Unless he is abusing you physically - there is little you can do except to probably serve him with an eviction. Considering the fact you are not divorced - nor have you begun proceedings for such, you will probably be laughed out of court.
Not too mention that when you married him, the house became part of the marital property, and in the case of a divorce - he has right to a portion of that assett if sold.
Again - you need to consult a lawyer. |
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Winkey
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I would take this to a Judge and finded out your rights, is his name on the house, and you gould go and get a sepertion oder on him, and then you remove him, from the home! |
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kickbutt
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Looked it up in wikipedia
http://en.wikipedia.org/wiki/Community_property#Jurisdictions
Looks promising, because Oregon is not on that list. Go see the lawyer tho... |
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hollywoodmelody
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Go to this website.....
http://divorcesupport.about.com/od/statedivorcelaws/a/Oregon_Laws.htm
It tells you everything including property rights. |
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Chris P
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Try Marriage Counseling and consult an attorney. |
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JustLanded
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I am not for divorce, but if your situation is irreparable and he won't leave, then you need legal support more than can be gotten on Answers.
If you can't afford a lawyer, call Legal Aid and find someone to help you with the options in Oregon. There should be a local number in the phone book business pages. |
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thomas j
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no in oregon you dont have to give him 50% of anything you owned before marriage. yes, you can kick him out. If he wont leave call the police show them the deed and theyll escort him off your property. |
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Alterfemego
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I strongly urge to to consult with an attorney before you do anything. Since your legally married, he may have rights to the property and other assets. |
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vpmadison3680
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Kick his sorry *** out. He is worthless find a way to get rid of his sorry *** of course he won't leave why would he I would change to locks and put his stuff outside but you probably shouldn't. You better document document keep all your receipts and bank statements, and check stubs. So, you can prove that he is no good. What I have done and I don't know if you can do it where you live but some judges you can go talk to and let them know what going on and they will help you some will even let you draw up divorce papers and file them yourself. I know a friend who recently got divorce who had the house already had to divide the equity for the the years they were married only. Find attorney that has free consultation, also request that that no good loser pay your legal fees.
Get strong and stop taking crap!!!!
Vicky |
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jeff
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Kick him out! if he is not a support to his kids or anything else boot him out! |
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Expert Realtor
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Very short answer: No.
You couldn't throw him out even if he wasn't your husband, without going through the court for an eviction.
I highly suggest you to through a lawyer before he has grounds to sue YOU. |
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