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Questions Answered by Vincent J. Bernabei
2 Answers | Asked in Divorce for Oregon on
Q: If I was granted a house in former divorce, can current husband get it in a divorce?

My current husband is not on the deed. He has lived in this house 20+ years. My daughter is the beneficiary. If I divorce this husband, can he take it from me or make me pay him? Does he have any claim? I live in Linn county. Albany Oregon

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 9, 2018

Because you owned the home before the marriage, it is your premarital property. The court usually awards premarital property to the spouse who brought it into the marriage. In your case, the premarital property is the equity in the home at the time of marriage. To the extent the equity in the home... View More

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3 Answers | Asked in Family Law and Real Estate Law for Oregon on
Q: How can I stop my spouse from selling our home?

I home is in his name only but got the home together. I am out of state taking care of father

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 26, 2018

The only way to legally prevent him from selling the home is to file a notice of lis pendens. To do that, you will have to first file a petition for dissolution of marriage or legal separation.

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1 Answer | Asked in Car Accidents for Oregon on
Q: I am trying to find out if it's required in Oregon to have uninsured motorist coverage?

I was in a car accident a few months ago...a lady ran a red light & hit my car. She was uninsured & has a suspended license. My car is damaged & my insurance company at the time (MetLife) said they won't pay to fix it because I didn't have uninsured motorist coverage but... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 4, 2018

Uninsured motorist coverage is mandatory in Oregon. The coverage amount is the same as the bodily injury coverage in your policy unless you have specifically waived that in writing. If you agreed in writing to a reduced amount of coverage, you still must have UM coverage of at least $25,000. I... View More

1 Answer | Asked in Divorce for Oregon on
Q: I bought a house in my name only after I remarried. Does my spouse have any claim to the house if we divorce? Oregon
Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 18, 2018

If the home was acquired during the marriage, there is a presumption that each spouse contributed equally to the home and the court will divide the home equity equally on divorce. If you can rebut the presumption and prove that your spouse did not contribute to the acquisition of the home, then... View More

2 Answers | Asked in Personal Injury for Oregon on
Q: How can I file a complaint over $10,000 in oregon court? is this a personal injury suit?

I was hit in the face by a crazed women and her cell phone, while walking the street in Eugene Oregon. I was not at a business. I have horreible scars on my face that makes it hard to be in public. I suffer from massive migraines.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 28, 2018

Yours is a personal injury claim. Before filing a lawsuit, you should first consider whether you are likely to receive anything from the miscreant who injured you. If she has no money and no property, she is "judgment proof," and pursuing the case may not be worth your time and effort.... View More

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1 Answer | Asked in Adoption, Family Law and Child Custody for Washington on
Q: How does my new husband adopt my daughter? What do we need to do?

Her biological dad has not been in the picture since she was 3 or 4. She is now 9 years old. I live in Vancouver WA. We are recently married and had decided to wait tell we we're married to have him adopt her we thought it would be easier. We want to have her adopted and she would like to take... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 28, 2018

You and your spouse should contact an attorney to initiate an adoption proceeding in Clark County Superior Court. Before doing so, I recommend that you have the birth father sign a consent to the adoption. You can complete the adoption and name change in the same proceeding.

4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: i was hit today by a dump truck from a big company, i am not at fault, but i dont have a license but have sr22.

i had right of way, he had a stop sign, i was turning and he hit me. what do i do now?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 28, 2018

If you were injured in the collision, you have a valid claim for personal injuries, which may include lost wages if you are unable to work, health care expenses for any health care treatment you receive as a result of your injuries, and compensation for pain and suffering. You should contact an... View More

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2 Answers | Asked in Family Law, Real Estate Law and Probate for Oregon on
Q: My father passed away we owed the home jointly my step mom is now trying to sell the home without my consent

I and my father are still shown as owners on the deed. She took advantage and married him on his deathbed while he was not in his right mind. Can she legally take and sell my property

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 29, 2018

The answer depends on how the deed is written and whether your father had a will. You and your father probably own the property as tenants in common. If his estate is being probated, the personal representative of his estate could ask the court to order the home sold, and the estate's share... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: If I'm insured driving an uninsured vehicle, am I covered?

I have coverage on my current vehicle. I purchased an additional vehicle and got into an accident due to weather conditions/icy road. I had just purchased it and had not yet added it to policy nor got the registration switched. What do I do?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 4, 2018

You should be covered depending on when you actually purchased the new car and the terms of your insurance policy. Most insurers will give you a 10 day window in which to obtain coverage on a recently purchased car. Your policy will contain the information you need.

2 Answers | Asked in Family Law for Oregon on
Q: My mother put the wrong father on birth certificate in 1963. both parents agree to paternity need one deleted 1 added.

I am 54 years old and just learned about this recently and just found my bio dad recently, need to change my birth certificate to his name as father.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 4, 2018

You will have to file a lawsuit to disestablish paternity of your legal father and establish paternity of your bio father. That can be done in the same lawsuit. You and the three "parents" will be parties. If everyone consents, the court will grant the judgment. Then you use that... View More

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1 Answer | Asked in Family Law for Oregon on
Q: Filed for custody mod (seeking sole), after a year of joint. I'm custodial. In Oregon, how likely am I to get sole?

N

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 22, 2017

“Joint custody” means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including, but not limited to, the child’s residence, education, health care and religious training.

The court cannnot order joint custody, unless both...
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2 Answers | Asked in Car Accidents for Oregon on
Q: I was hit by an uninsured and unlicensed driver in Oregon. Now I have a car that is totaled.Where to start?

Thank you. I only have bodily injury coverage under my UM. Since I am not hurt, I was curious as to how I would get someone to access the damages to my car for small claims court. I've looked into my demand letter and needed to know how to get an estimate for the replacement value of my... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 15, 2017

You should start with your own insurance policy to see if you have coverage for the damage to your vehicle. If you were injured, your insurance will immediately pay Personal Injury Protection benefits, usually medical expenses of up to $15,000 and lost wages of up to $3,000 per month.... View More

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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: we have joint custody, i want to take my son a vacation that will include 3 of his dads days, am I allowed?

I am primary resident parent. I have joint custody with my son's dad, I want to take a family vacation for 7 days with my son, this does infringe on 2 of my son's dad's days. he doesnt' want to let him go because I didn't invite him. Am I not allowed to ever take a vacation... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 17, 2017

You are obligated to follow the terms of the court's judgment unless both parents agree otherwise. If the child's father won't agree to alter the schedule, then your only options are to ask the court to modify the judgment or you live with the terms of the judgment as it is written.... View More

2 Answers | Asked in Estate Planning for Oregon on
Q: My brother passed without a will, but wanted me to be the executor of his estate.

I had a power of attorney from years ago, but it got distroyed once I felt I no longer needed it. He has several friends and medical professionals that can attest to the fact that he wanted me to be executor. Can I use letters of afidavits inlue of a PoA? He has one child, and does not want her to... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 17, 2017

You can petition the court to be appointed as the personal representative (executor) of your brother's estate. If he was not married when he died and his adult child does not affirmatively consent to your appointment, you have to give her written notice of your petition, and she will have an... View More

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1 Answer | Asked in Child Support and Divorce for Oregon on
Q: I just got divorced & the judge put my income as twice what it actually is to calculate child support. Is this legal?

My tax returns and bank statements show exactly what I make but the judge put my income as double to calculate child support payments. Is this legal? There is no way I can afford to make payments this big. What can I do to get it changed? Please help. Thanks.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 11, 2017

The judge has ruled and you are bound by the decision. You can appeal the judgment if the court's decision is not supported by substantial evidence and fewer than 30 days have elapsed since the judgment was entered. You may also file a motion to modify the order if your or the other... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: i live in washington and my ex husband has custody of our children and they live in oregon...how do i appeal the custody

would i have to go through oregon to appeal the custody order or can i do it through washington?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 11, 2017

Once a court makes a custody determination, that court has exclusive, continuing jurisdiction to make all future custody decisions regarding the same children. The only exception is if the children and both parents no longer reside in that state. You will therefore have to file your modification... View More

1 Answer | Asked in Car Accidents and Criminal Law for Oregon on
Q: My son was involved in a car accident on a rural road running the stop sign. The stop sign was covered by trees.

My son was not texting, drink, on drugs or speeding and almost lost is life with life altering injury's. He was hit by a lady that broke her leg and the car behind her, hit her and he broke his leg. Since he was not drinking, texting, on drugs or speeding, Would it be considered an assault charge?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 11, 2017

I am sorry to hear of your son's accident. It is unlikely that your son would be charged with assault, and even more unlikely that he would be convicted of assault under the circumstances you describe. The others who were injured may have a claim against your son if he was negligent in... View More

2 Answers | Asked in Family Law for Oregon on
Q: Unmarried father, on birth certificate, want to move my sons back to Cali where both sets of gparents are. No court ordr

Mother is physically and emotionally abusive to myself infront of the children. They primarily live with me, no court orders in place. Both sets of our families want me to take the boys and move them back to Cali where we are both from. Been in Oregon for almost 2 years now. We are all originally... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 9, 2017

California and Oregon follow the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). Under the UCCJEA, the state where the children have resided for the past six consecutive months is the state where any custody issues should be determined. If you move the children to CA, and within six... View More

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1 Answer | Asked in Family Law for Oregon on
Q: How to request a new spousal support hearing after the ex husband committed perjury (she has legal proof)

His lies reduced her spousal support ( which in reality was the amount the previous Judge decided ( she is older and her ex stole a lot money from her again, with proof since a forensic accountant was hired and so it was revealed in Court ) but she got, I understand, a really weird Judge who first... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 4, 2017

You can provide support and encouragement and perhaps even financial assistance, but it is up to the woman to pursue her case and enforce her support award. She, not you, should contact a family law attorney in her area to determine her best course of action.

2 Answers | Asked in Family Law for Oregon on
Q: How can I get custody of my niece and nephew?

I have been taking care of my niece and nephew for the past 7 years. My sister had signed a POA at the time I took them and last year signed guardianship paperwork but I didn't take it to the court because the bio father started texting my mother. During the 7 years they were with me my... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 3, 2017

You could file a petition for custody and support of the children, or intervene in any court proceeding involving the children that has already been initiated. Oregon law provides that any person, including but not limited to a related relative by blood or marriage, who has established emotional... View More

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