QUESTION

We are renters can my husband kick me out of the house?

Asked on Feb 06th, 2013 on Divorce - Oregon
More details to this question:
Oregon. I am a stay at home mom. Powerless. No money of my own. Looking for a job. Miserable. He can't make me leave can he?
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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This is really a race to the courthouse. From a rental contract point of view, if you are both on the rental agreement or lease you would both have a right to live in the house and both have a duty to pay the rent. From a domestic relations point of view, if either of you file a petition for dissolution (or legal separation) the first party to file could get a temporary order for the exclusive use of the house and an order that the other party pay some temporary spousal support to help with the rent. However, this would depend upon the court's finding that the party from whom the other party seeks support has enough income to do the job. Another approach that would affect who gets to stay in the house would be a domestic violence restraqining order (which is called a FAPA order in Oregon - Domestic Violence Prevention Act). If your husband has harmed you or placed you in reasonable apprehension of physical harm within the last six months, you could get a FAPA order ex parte (which means the judge issues the order solely on what you put in the application - he gets to respond within 30 days if he wants to try to cancel the order). The most important advice here is to go see a lawyer and give him or her the details of what you are up against.
Answered on Feb 07th, 2013 at 12:00 AM

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