we can't afford for one of us to move out. we just want a divorce and to live as room mates. We have kids, they know and are fine. When he gets a job and can save up money, he will move out in a year and i will buy him out of the house (i will be saving money to do this as well). do we need to do anything differently as far as filling out the paperwork in Oregon. we are copetitioning
You are free to continue to live together after you get divorced. If you own your home together, then the divorce will need to order a distribution of that property. Married couples can own real property together in a way (known as "tenants by the entireties") that non-married people cannot, so you will need to either change your ownership arrangement or (far more likely) have one of you receive ownership of the house, which will likely entitle the other to a share of the equity in it. It sounds like you are already aware of this. But getting it all done right is far more complicated than just filling out forms. You should consult with an attorney in private for assistance with this.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
No, you don't need to do anything differently. If you have agreed to a value for the home, then also agree to the amount left to pay on the home, to determine the equity. This is the amount that your spouse will be owed one half of in the form of a money award. Then the two of you can sign a quit claim deed from the two of you owning it to only you owning it, and a rental agreement so everyone has the agreement they bargained for. But Jay is right, when dealing with real property transfers it is always best to consult with an attorney, or at least have an attorney review your paperwork if you can.
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