Married 3 months living together for 3yrs now she says i have to leave. Sent me an e_mail telling me i need to vacate in 48 hours.
Marriage doesn't give you the right to live in a place owned or rented solely by your wife, however you may have rights as any tenant under the landlord tenant act which prescribes how a notice must be given and how much time you have to vacate for certain types of notices and the failure to follow proper notice procedure could result in attorney fees against the landlord. I will switch this to a landlord tenant category but you may need to repost to get more answers.
Furthermore, once a divorce is filed she may be ordered to pay money to support you depending on your relative financial circumstances, so that is something to discuss with an attorney.See question
My boyfriend and I live on a property that he and his ex purchased together several years ago. He's in the process of trying to buy her out, but she is impatient. She refuses to have her mail sent to her physical residential address, and keeps thr...
If her behavior is threatening to the extent that there is fear of a physical confrontation, your boyfriend should file a family abuse restraining order. If it isn't that threatening, but more like a nuisance, then your boyfriend needs to talk to a lawyer and get this thing moving more quickly towards a resolution by either filing for the dissolution of a domestic partnership or a partition suit.
In the mean time you have to ask yourself if your boyfriend is truly done with this relationship. Recognize that sometimes toxic dysfunctional relationships continue like a sick game, and the participants may not be fully aware that they are playing this game. Step back and look objectively at their combined behavior. If your boyfriend isn't moving to swiftly end all the back and forth with his ex, which he may be dragging out on a subconscious level because he gets some satisfaction over the psychological dance they are involved in, you might just need to extricate yourself and tell him that to call you when he is completely done with his ex.See question
My ex and I own a house together and she has been unsuccessful in refinancing and refuses to sell the house. The house was supposed to be sold and split 50/50 in the divorce but she refused and I made the mistake of not pursuing the matter in cour...
No do not sign the quit claim deed. This is a trap. This will leave you still legally responsible on the mortgage but with no rights in the house that could help you get out of trouble when she fails to cure the default. The only time signing a quit claim deed would be to your advantage is if she is completely refinancing the house and your name will no longer be on the mortgage. But then you walk away and get nothing.
Now walking away may not be your best option if the house has equity and you want to get your share of the equity. You could still try to enforce the divorce judgment if the house was ordered sold as part of the divorce.
You have one more option as a co-owner. There is something called a partition suit that could force a sale and this is only available to you while you have a part ownership, so don't give up that part ownership as it it may be your key to escaping if you need to bring a partition suit.
Overall you need to consult with an attorney who can review your divorce documents and discuss the situation with you it is currently stands. Avvo is not the proper forum for an in depth consultation.See question
Getting a divorce after 3 months of marriage. Ive given her all my money for 3 yrs lived in same residence with her. Ive done extensive remodeling on the home an im wondering if im inintitledo some of the equity in the home that is now for sale.
Oregon law provides that you get 1/2 of all marital property which is generally property earned during the marriage. For your investment prior to the marriage, you would rely on other principle of law that would also entitle you to share in your mutual investment. The court does recognize property interests of unmarried couples, and jointly buying a house and contributing to the house can be construed as a partnership of sorts. So in the divorce matter you would actually assert your rights for both the marital portion of the house and the pre-marriage partnership portion. You will probably need a lawyer to help you properly create the legal documents called pleadings that set forth all the theories you need to set forth. But yes, you should be able to share 50:50 in the equity of the home if you do thing correctly and there aren't other factors that haven't been discussed yet.See question
I dont want anything from him, owe him nothing, and have had no contact with him for the last six years. Tried social media to ask him to just sign for divorce if I paid all the fees. I got no response. No mutual kids or property or bills. How do ...
If you know is driver's license number or the license plate number of a car he owns, it won't be hard to locate him through DMV records. Most attorneys have a DMV account and are allowed to look up records. Another cheap way to find someone is hire an investigator. It costs between $50 and $200 to do a data search on a computer and private investigators pay to have access to more extensive data bases then we mere mortals can access. You will probably get a ton of information. Remember that a person can be served at their work address, or anywhere for that matter, so it isn't absolutely necessar to have their home address if you can catch them at some other place - their gym, their job, their favorite bar, their friends house on poker night, etc. If he has a facebook page and announces he is going to somewhere, that might work.
But absent finding a good solid lead, you can petition the court for an order of alternative service. You will need an attorney to help you with this, but basically your propose a series of ways you can notify him that a divorce has been filed that involves him. Judge's have allowed people to be served via notification on Facebook, although this is probably not the best way and wouldn't be my first choice. Before you can do alternative service you will need to attempt to find him as I stated in my first paragraph above.See question
We are still legally married and have never had a legall seperation. She was on TANF for 7 years or so. The kids live with her. She never worked. I paid over $20,000 in TANF plus gave her money that was never reported. She is off of TANF now and i...
Child support can be ordered when parents live separately. It is mandatory when one parent applies for state assistance that as a condition of getting that assistance they assign their right to get child support to the State. So my guess is that when she went on TANF the State set up a child support order the continues even after someone is no longer getting TANF. The only difference is that the money will go directly to her instead of to reimburse TANF. On your end it is still collected by the State.
You can go down to your local courthouse and have them check OJIN under your name. They will probably find in what court there is an ongoing support order. You should get a copy of that information and make an appointment with an attorney to discuss your options in terms of whether the support can be modified downward. It may be that the support is the right amount. You can also discuss whether you want to file formal divorce proceedings and get a forma custody parenting time order. Or you can leave things as they are. But understand, you risk having to share your assets that you have now and acquire in the future with your wife when you finally divorce, and visa versa. Getting divorce will stop the marital rights in each other's assets from accruing.See question
I want to know my rights as a parent, when it comes to physically disciplining my children.
Don't use a belt. Your hand on the bottom of a child that is too young to otherwise understand punishments like being put on restriction or losing their allowance may be necessary to instill what behaviors are not allowed and is justified if the behavior you need to stop would otherwise possibly lead the child into a situation of serious injury. For example, running into the street. Don't do this in a manner that would leave a bruise or a red mark.
Default to other means of psychological discipline when ever possible. Time outs, loss of privileges, rewards for good behavior. Reserve corporal punishment for children that are too young to comprehend verbal commands or behavioral modification techniques. Talk to a child specialist to learn alternatives.
That said, there may come a time when you have a teenage son that takes a swing at you testing his manhood. I would hope that would never happen. You will want to know basic wrestling techniques to avoid being hit and maybe wrestle your son to the ground and not inflict any punches that could get you thrown into jail. You may have to walk away and not react physically. In other words, you can defend yourself but only the minimum necessary to protect yourself from harm. You can't react with force to show your child show is stronger. You will always be at risk of prosecution for child abuse or assault if a mark or bruise appears on your child as a result. Make sure you know how to control your own anger and walk away before things escalate.See question
Hi, all. First of all, I'm not sick or expecting to die anytime soon, but I want to be prepared (well, as much as I can be). I'm a 33 year old female, single, no children. I have two parents who are alive and a younger brother. They live on the Ea...
The best way to make sure your wishes are followed is to discuss the your wishes with your family and hope the follow them. Another way to insure your wishes are followed is to prepay for as much as possible. You can prepay for cremation services and make sure your family is aware of this plan. Another thing you could do is buy a small life insurance policy and make it payable to the person you trust to carry out your plans. The policy can provide the funds to pay for the cremation and memorial party. Many clubs, jobs, banks, etc offer basic life insurance policies to members/employees at little or no cost.
Also, as was mentioned by Ms. Hollis, you need to keep in mind that you can have a situation where you become incapacitated but you are still alive. TO be honest, that should concern you more then how people proceed after your death. Basic estate planning documents such as a simple will, a durable power of attorney, and an advanced directive would be the minimum you should invest in now. You can always revise and improve these documents as your financial and personal situation changes going forward.
While you are obviously passionate about how you want your passing to be observed, I would suggest you step outside your first person view point and view it from the view point of your friends and family. Funerals and memorials are about the living more than they are about the dead. They are how the living cope with the passing of someone they love. So think about how important it is for a specific plan you have to be followed after you die versus how important it is for you to know that your closets friends and family will do the rituals and ceremonies that they need to perform to heal their pain and sorrow. Certainly make your wishes known, but if it isn't an overwhelming concern for you, you might just want to leave your immediate family members the ability to decide what they ultimately do to observe your passing.See question
I am in current legal dispute criminal and child custody
Sorry but you don't state enough for us to know what this is in reference to. Can't respond.See question
I am in a child custody case in klamath county buy feel I should change counties to stand a chance
Probably not going to happen if the case is in the proper venue now. Once a court has jurisdiction they usually hang on to the case. About the only reason to move the case is if the child has moved to another county. You don't get to move a case around just to shop for a different judge. If you want to figure out whether the case is currently in the proper venue, make an appointment to talk to an attorney.See question