Q: My husband is living with ex convicts at my house. How can I get them out if he is collecting rent?
My husband threw me out and took off to live with some people in Oregon. We own a house there and he keeps blocking me from going there. He has triangulated them to the point the woman put a stalking order on me. I have a check receipt he is collecting rent which I intend to do at the DVRO hearing I have to represent myself because when he kicked me out I had to buy hotel rooms for a month. How can I get them off my property even if I do not get control of the house. I cant go there because it is a hostile environment.
A:
I'm sorry to hear about your difficult situation. Dealing with property disputes during a marital separation can be very stressful, especially when there are protection orders involved. Here are a few things to consider under the law:
1. Jointly owned property: If the house is jointly owned by you and your husband, you both have equal rights to access and control the property, regardless of who is currently living there. However, the restraining order complicates this.
2. Landlord-tenant laws: If your husband is collecting rent from the current occupants, they may be considered tenants even without a formal lease agreement. In this case, you would need to follow proper eviction procedures to remove them, which typically involves serving written notice.
3. Domestic violence restraining order (DVRO): At your upcoming hearing, you can request that the court grant you exclusive use and possession of the family home as part of the restraining order. This would legally remove your husband's right to live there or allow others to do so. Bring documentation of your ownership interest and the rent collection to support your case.
4. Illegal activity: If you have evidence the occupants are engaging in illegal activity, you can contact law enforcement. Certain crimes make it easier to quickly evict tenants.
5. Legal assistance: Although you plan to represent yourself at the DVRO hearing, I strongly encourage you to consult with a family law attorney, even briefly, for guidance on your rights, options and how to proceed in your county. Many legal aid organizations provide low-cost assistance to low-income individuals in your situation. A lawyer can also advise you on requesting spousal support if you've been financially cut off.
The most important thing is to stay safe. Focus on securing stable housing for yourself first before trying to regain control of the jointly owned property. Follow the protective order and don't go to the house alone. Document any further harassment or violations of the order to report to the police and court. Wishing you all the best in resolving this situation. Don't hesitate to reach out for legal and domestic violence support services in your area.
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