My husband is staying in our home but doesn't want to sell it. I want my half of the equity or for him to buy me out. He wont buy me out now so what can I do and how can I word it in a settlement agreement?
I am going to assume this is a divorce situation. It doesn't matter what he wants. If you have equity in the house above the mortgage and your name is on the mortgage you need to ask the court to order that the house be sold and the proceeds divided. Judges will order this absent there being minor children that are living in the home. If the custodial parent is in the family home with minor children, the court may allow the parent to stay in the home for a few years for the benefit of the children, but order a date certain that the house has to be sold in the future. The other party would get a judgment lien on the house for what their 1/2 share of equity is now at the statutory rate of interest of 9%. But absent there being minor children, the courts will almost always order the house sold now and the proceeds divided. The only exception would be if the party who wants the house can come up with money to buy out the other spouse's interest AND refinance the house so the other spouse is no longer on the mortgage. Anything less then that means you are tied up subsidizing your spouse while they build equity in their house. Your credit will reflect that your name is still on the mortgage so you can't borrow to buy another property. Your credit could be ruined if your spouse fails to make a payment. You don't have your money now when you need it to rebuild your life. There is simply no reason for you to allow this to happen and the court's will back your decision to ask your spouse to sell or refinance now. Also if you have other debts that need to be dealt with then the equity of the house should be used to pay off these debts so you get a fresh start. Don't let yourself be used. You definitely need to consult an attorney.See question
how to talk to a judge about my divorce
Your comment is just too general. Could you please state what is going on with your divorce and what your specific questions are? The only time you are going to be in front of the judge is if you have filed, served the other party, and the other party filed a response that objects to something you are requesting. Then you might have to have a trial or hearing with a Judge. So what exactly is going on?See question
i have not been in contact with my husband for 29 years
You really haven't asked a question. If you are concerned with how to serve divorce papers on someone you don't have contact information for, an attorney can help you get an order from the court for substituted service. If you know his driver's license number, most attorneys have access to the DMV data base for Oregon and can look up his current DMV address. You can also use the information you have to hire an investigator and see what they can turn up with a data based search that is usually under $100.00. In any case, you will be able to figure out a way to serve him.
If you are asking about whether him being out of touch is grounds for divorce - Oregon is a no fault divorce state. You can divorce anyone at any time, you don't need justification.
There is possible good news - if he has been working you will qualify to have any social security credits he has earned be considered when you apply for social security. It doesn't effect his payments, it just may increase yours if you don't have sufficent credits yourself to get a full social security check.See question
my two girls are with my oldest grandparentsI get limited visitation with them and would like to have more but grandparents and I dont get along so they make it close to impossible
It's no clear if the guardianship is a formal arrangment through the probate court or if this is something that CPS calls a guadianship because you are involved in some type of juvenile court case and your children were removed from your care. Depending on which type of guardianship this is, you need to work through the court that set up the current guardianship to establish your parenting time. Usually in a juvenile court case there is some type of proposed plan that involves you going through a program or taking classes and the visitation is laid out as part of the over all plan. If you are in juvenile court that you probably have a court appointed attorney that you should be talking to.See question
we have a 50/50 parenting time plan, i(the mother) have sole custody. My sons father works nights so i have to call his girlfriend to speak to my son for a good night call, one night when i called to speak to my son she didn't answer, i texted her...
The solution here is to go back to court and modify the parenting time plan to be more specific about your phone call rights. Preferably you need a plan that does not involve the girlfriend as an intermediary. The girlfriend is not a party to your parenting time plan but it wouldn't hurt for the Judge to talk to the father about the phone calls being his responsibility and not the girlfriends. The plan could state that you notify father even if he is at work if you haven't been able to talk to your son and the father then will have to call the girlfriend and figure out what is going on so you don't have to. That's just a suggestion. But the solution here is to put the matter in front of the court in a proceeding where you move to enforce your current parenting time plan and to modify it to make it more workable.
Contempt is where the court asserts some type of penalty to punish bad behavior or compell good behavior. You can only bring a civil contempt proceeding in this type of matter. I doubt the court is going to do anything more then try to find a better solution and admonish father about improving the parenting time plan performance so just do what I suggested above. Move to enforce your current parenting plan and to modify it to be more specific.
If this continues to happen, you will just have to file multiple actions to enforce the parenting time plan and drag father back to court each time. After many instances of non-compliance you should have a case to move to modify the custody and parenting time to reduce the amount of time that your son is with his father because of father's noncompliance with the parenting time plan. I doubt that you will need to go that far. Once or twice back to court should create a better plan that works for everyone.
Also if the girlfriend is causing your ex so much trouble it may well be a sign that the relationship overall is having problems. Stay out of it but just be aware that it sounds like to me that their relationship my be on the downhill slide. Your goal needs to be the health, happiness, and welfare of your son. Do what you can to not be involved with father's girlfriend and let them figure their problems out. Try to do what you need to do through communicating with your ex directly.See question
My ex and his wife have custody of our biological son and temp gaurdianship of my oldest son from previous relationship. My ex is not letting me see or talk to my kids because a lie someone told them about me using drugs. I have shown im not using...
Your rights should be governed by a court ordered parenting plan. If you have a parenting plan then you need to file with the court to enforce it. If there is no parenting plan then you need to petition the court to set such a plan up.See question
The mother of my child has not attempted to see or talk to our child for months. She asked about a weekend to have him once but she texted on the pickup day and said she can't have him. She has his number but has made no contact to him, I've reach...
There is no requirement for a biological parents to see their child at any particular interval or risk losing their parental rights. There can be many reasons that a parent feels uncomfortable dealing with the other parent that could interfere with them exercising their custodial rights. You and your wife can talk to the attorney of your choice about filing for a step parent adoption and you will probably have to notify the biological mother if you attempt such adoption and then a court can decide whether to allow the adoption to take place or not. However be aware that the constitutional right of a biological parent to remain in a child's life is given great weight over the interest of a non-biological parent. Also you have not stated why you feel it is necessary for your current wife to adopt your child. What do you hope to gain by this maneuver that you don't already have, ie full custody apparently.
This statement is highly inappropriate in terms of whether or not your son should see his mother: "My son doesn't even want to see her at this point cause he feels like she doesn't want him anymore." Children should not be put into the middle of any determination concerning visitation with the other parent. Understandably the mother's lack of contact is not good emotionally for your son, but don't use that as a justification for further cutting her off. You should reassure your son that his mother loves him and that there may be some other problem that is preventing her from visiting. Prehaps she has substance abuse issues that she needs to deal with or mental illness. Whatever her problems, she is still his mother and your son needs appropriate counseling and support to deal with the fact that he has a dsyfunctional biological mother if that is the case. Your new wife can and should fill in as an adoptive mother but making it official with paperwork probably won't matter to your son. It is the day to day care he experiences which will be important.See question
His own attorney told him not to even attempt joint custody. He is married with two kids. We had my daughter while he was married. He did the dna test and he is the dad but he told me never to contact him again or he would call the cops. Now it'...
You need to talk to an attorney of your choice, an experienced family law attorney, about all the details concerning the father and concerning your daughter. Until you do that you can't get the customized advice you are looking for. Be aware that Avvo is a public chat format on the internet and it would not be appropriate to state a conversation here about these things that can be read by anyone. You need a private confidential consultation with an experienced Attorney.
The best interest of the child is always the most important consideration. Court's don't order joint custody in Oregon, ever. Joint custody only comes about when both parents agree to it and only lasts while both parents want it to. It doesn't sound like you would agree to this so don't worry about it. Most likely some type of parenting plan will be worked out. Every other weekend is typical but problems the father may have that have put him on the CPS radar might dictate a lessor more restricted parenting time plan. There is also to be considered the fact that your daughter is very young, I assume an infant, and hasn't had prior contact with this man. For very young children or children that don't know their other parent, parenting time usually is limited to day visits of only a few hours and supervised visits may be in order of there are legitimate concerns about the other parent's emotional or behavioral issues.
Again, do not discuss these things here in public. Talk to an attorney. You don't have to pay for anything while the child is with the father. The child support can be reduced if father can show a hardship paying both the support and the costs during the visits, but normally the court won't allow a reduction for that. The amount of support paid to you is supposed to be for the time the child is with you and father just has to absorb the cost for the visits.See question
I was rear ended. Totaled my car. His Insurence accepted liability. I received settlement for the car. Receiving chiropractor treatment. Still in pain.
Don't be lulled into believing the path ahead is easy. Oregon law no requires the insurer of the at fault driver to rapidly settle property damage up to the amount that they agree with it. It does not mean that you have an easy path to settlement for your injuries. You need to get representation immediately and cease any communications with the adverse insurance adjuster. At this point their agenda is to monitor you and get as much information as possible and offer you insubstantial amounts for a settlement with hopes you will take the bait and agree to an irreversible settlement before you have finished your treatment and are able to full assess you injuries. Don't take the bait. Get an attorney. That is your only hope for being treated fairly.See question
It's my weekend with my child. The custodial mother went to the child's school and walked into her classroom and pulled her out of school. So that the babysitter that I had arranged couldn't pick her up from school. Since I work and can't take her...
I don't know if you and the mother are having communication issues or mother is trying to defeat your parenting time and frankly I don't think it is wise to give details on a public web page. Just know that these types of details are important to get good legal advice. You really need to discuss what is going on privately with an attorney. The only generic suggestion I can make is use the court forms and file for a modification of parenting time asking for more specific details to be added as to who picks the child up and when and where the pickup takes place. That will prevent future misunderstandings.See question