I informed my ex-husband I was returning to Washington/Oregon so that we may let the court settle the division of our assets/debts. I arrived in The Dalles on or about February 15, 2015, and ran into my ex- and his new wife to be within the first week. He knew I returned for the divorce, however, he informed the court he had not been able to locate me and didn't know where I was. He has signed my name on vehicles I was the sole owner of and put them in his name along with guns, and the deed to our property. I intend to collect some sentimental things from the house with a police escort and file a complaint regarding the titles already transferred into his name. I know I need an attorney and intend to hire one, but is there a chance to get my share of what I am entitled to or is it ?
The signing of your name absent an authorized power of attorney is unlawful. You should consult an attorney immediately for assistance in handling these matters. Your husband's statement that the "court wasn't able to find you" is inaccurate, courts don't look for people process servers do. It sounds like your soon to be X, is scamming the system. Get legal representation as soon as possible. You can find qualified attorneys here on AVVO.
All the best.
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Yes. Immediately hire an attorney who is expert in family law.
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First go to the courthouse and get a copy of your divorce file - the entire file. You can read it but keep the papers neatly in the order that the court gives them to you. Then make an appointment to see an attorney. I suspect that somehow the court went ahead and finished the divorce and your husband was awarded the property that he has not put his name on. I can't tell you if they proceeded improperly or not. You obviously knew there was a divorce proceeding. I don't know if you were served or not, but if you were served a summons it would have told you that you had 30 days to file an answer. Telling your husband you are coming back to Oregon doesn't protect your rights. Filing and answer with the court, which can be done by mail, is what you needed to do. However you are in luck. Oregon does have a statute that allows one to set aside a default divorce decree within one year for mistake or excusable neglect amount other things. I am still having a hard time understand how this all happened in February and you are just now complaining about a problem in late June. You need to move quickly on this. Time is running out and the court may not want to set aside the divorce if your husband remarries.
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You're going to have to hire an attorney to file a motion to vacate the documents he filed on the divorce. If you have proof that he knew where you were and didn't keep you informed, you may succeed in your motion. The key to the case is whether he served you and put you on notice of the proceeding.
If he forged your name on titles and land documents, he's likely committed a felony for forgery. He may be in a bit of trouble.
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