Gold Beach, OR asked in Divorce for Oregon

Q: Can I evict my husband when my name is on all assets? He will not hold a job and does not help pay for our assets.

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2 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: Technically you can evict your husband from your home or another residence. Be sure to follow landlord tenant rules so you do it properly. However be warned, your husband could turn around and file for a divorce and seek remedies like getting spouse support from you to help him pay for his living expenses, at least temporarily. That said, a court is not going to have sympathy for him not wanting to work if he is physically and mentally capable of working. And if he claims he is disabled then he will need to apply for the appropriate disability benefits that he might be entitled to. Your husband is also going to be entitled to 1/2 of all of your marital property which includes property currently in your name only unless you have a prenuptial agreement or you can rebut the presumption of equal contribution that the Oregon Law applies. My recommendation would be to go and see an Attorney before you take any action to evict your husband and discuss what is likely to happen if your husband files for divorce. Or better yet, talk to an Attorney and file for divorce yourself.

Don F. Harris
Don F. Harris
PREMIUM
Answered

A: You should consult a local divorce lawyer, and at least pay for a consultation.

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