Married 33 yrs. Spouse is an unemployed drug addict. Home is in my name only. How do I get him out? He refuses to leave.

Asked almost 4 years ago - Gresham, OR

The family home was sold 4 years ago and I bought my current home in my name only. He has had 16 jobs in 11 years, but has a pension he can draw in 3 years . I want a portion of this to cover the ParentPlus loans we have for our child's college. I have had the same job for 20 years with good pay and benefits. Do I have to put my pension on the table too?

Attorney answers (5)

  1. Mark Kramer

    Contributor Level 13

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    Answered . Once a divorce is filed, you can file a motion for temporary exclusive possession of the residence. While assets and debt are presumptively to be divided equally, a different split can be done under circumstances such as yours. Your situation is complicated and you deserve the help of an experienced family law attorney.

    Mark Kramer
    Kramer & Associates
    503.243.2733
    mark@kramer-associates.com
    www.kramer-associates.com
    www.portlanddivorceatty.com

  2. Robert J Harris

    Pro

    Contributor Level 14

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    Answered . It sounds like you've been married for quite a while. Oregon law presumes that there will be an equitable distribution of marital assets, and all assets obtained during marriage are presumed marital. You don't say why the home was put in your name only, and it appears the purchase price was from a family asset, so regardless of whose name is on the title, it will be presumed a marital asset, and subject to division.

    Similarly, your pension, and his pension, and social security will ALL be on the table at the time of dissolution. To get a range of possible oucomes, you will have to sit down with an experienced family law attorney and review all the assets, liabilties and options, including whether you can get sole possession of the home, for now. I could go on for ten more paragraphs, but you really do need to hire an attorney to help you.

    Harris Law Firm has three attorneys who focus on family law.

  3. William Francis

    Contributor Level 10

    Answered . The answer to your question is yes.

    Oregon is not a community property state but there is a legal presumption of equal contribution. This means that the court will assume that any assets that were acquired by either party during the marriage are the joint property of both parties. You each have a claim to the other's pension.

    The presumption of equal contribution may be overcome by evidence that your husband did little or nothing to help you acquire these assets.

  4. Lake James H Perriguey

    Contributor Level 11

    Answered . It appears you are asking:

    How do I get my spouse out of the marital home?

    As a spouse who is living in the home of the other spouse, he has legal rights to continue to occupy the home and may have legal rights to half of the value of the equity of the house. It becomes especially challenging to force him out if he is unemployed and may have nowhere else to live. Consult an experienced divorce lawyer.

    What about the pension?

    After 33 years of marriage, spouses usually have marital rights in ALL of the other spouse's property, including pensions and real property, regardless of whose name is associated with the asset.

    Divorce law distributes the assets "equitably" -- which is not always equally, with a view toward keeping assets in tact. Therefore, if your pension is as big as his pension, then it might be "equitable" for you to keep your's and for him to keep his. Sometimes courts issue QDRO's (Qualified Domestic Relations Orders) which divvy up the pensions so that they are paid out to each in the future in some formula.

    Consult an experienced lawyer.

  5. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . You could consider filing a motion with a court to have him removed from the home.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

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