Legal Question in Family Law in Oregon

Re: not married divorce what are my rights?

ANSWER:

First, you don�t have any rights as a �spouse� since that is not what you are. To be a spouse, you first have to be married.

Second, divorce applies only to people who have been married to one another. If you and the �significant other� have never been married to one another, you cannot get a divorce. And you don�t have any �marital� rights because you and he have never been married.

Third, you are not a �tenant� since you are (I assume) paying no rent and have not entered into a landlord-tenant rental agreement. Since the �significant other� is the legal owner of the house, you are simply his at-will guest, allowed to remain so long as he gives consent. You don�t have any rights as a �tenant� since that is not what you are.

People who choose to live together without being married to one another are, by that action, declaring their intent to NOT be recognized and treated in the eyes of the law as being a married couple. If you wanted to be treated and recognized by the law as a married person, and be accorded the marital rights (including spousal support rights and property division rights that may be invoked in connection with a dissolution of marriage), then you should have gotten married.

In essence, your case is simply a property dispute wherein you claim to have an ownership interest in property that otherwise legally belongs to another person. Situations like this frequently arise between friends, roommates, business associates, neighbors, siblings, etc. The fact that you and he shared a bed together has no relevance.

PS: Legal rights and responsibilities pertaining the children (custody, visitation, child support) arise from your legal standing as a PARENT and will be determined in accord with the laws applicable to those issues, irrespective of your marital status (or lack thereof).

LDG