Legal Question in Family Law in Oregon

right to stay in home

hi i am wrinting to find out my legal rights. my husband changed the locks on our house and has kicked me and my daughter out in the middle of winter what can i kklegaly do?


Asked on 2/08/03, 1:26 am

1 Answer from Attorneys

David DenHartigh Attorney at Law

Re: right to stay in home

I would go to the Circuit Court. They should have forms to start a legal separation or divorce. You can file for legal separation and drop it later or amend it to a divorce if that's what you later decide. If you can't afford the filing fee they should have a form motion for waiver or deferral of the filing fee. You will need an immediate temporary order to be approved by a judge keeping him out and giving you immediate possession of the house for you and your child. That will probably require the assistance of the Sheriff to re-take possession of the home. If there was physical violence or threats you should also obtain a restraining order. You also need to make sure that the court signs an order freezing the marital assets so your husband can't just sell or spend everything. If you can find a lawyer to help you, that would certainly be better. If it's his daughter, you can ask for temporary custody and child support also. Much of this answer is based upon the assumption that he has financial means but you don't. Good luck.

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Answered on 2/08/03, 2:31 pm


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