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#668661 - 10/05/10 10:20 PM Can I evict my X from our home
tryingtomoveon33 Offline

recently joined

Registered: 10/05/10
Posts: 2
We completed a mostly amicable divorce w/no kids in August w/no laywer after a 5 year marriage in LINN COUNTY in OR. We split all possessions/savings accounts equally & kept our own retirements/investments.

Our home is currently on the market & we will split the proceeds when it sells 50-50 - my X still lives there. My name is on the title since I bought it before we were married but his name is on the loans when we refinanced.

I live in a crappy one room bedroom apartment in another city due to my job changing b/c I can't afford more (still paying home mortgage/bills).

I have recently found someone who will rent our home month to month until we sell it to make our mortgage payment so both my X and I can just move on.

My x is retired (forced into early retirement when our work closed last year) so he receives retirement monies and is on unemployment so I have been paying most of the property bills and he was staying at our home to keep it inhabited (no written agreement on him being able to stay there and it is not in our decree).

I told him about the possible renter idea and he was very angry. He doesn't want to leave. You see since we still have an account together (to be able to make the budget each month) and I am making most of the payments for the home/utilities and paying his bills (loans, car insurance, etc) so he has no impetus to get a job (he had a well paying skilled craftsman job and could surely find another job if he tried). I have been afraid to cancel the joint account b/c his small contribution (1/4th of the budget) does help when making the bills. If I cancel it I don't think I will get anything from him. (I have begun separating things like car insurance policies, etc.)

He is not keeping the place up (repairs not being done/weeds/messy) and has moved 2 unstable in/out of rehab alcoholic friends & their pets in with him w/o telling me 1st and he hasn't yet made either of these 2 sign lease agreements or pay rent. My X does not have a signed lease agreement with me either and says he cannot afford to pay 1/2 the mortgage payment even though he just bought a new used pick up and new LR furniture. I asked him to leave and he said he doesn't have (want) to and is getting a lawyer. He said he doesn't want to live in a 1 bedroom apartment - but that's what I am doing and paying all his bills.

This past weekend at the 30 day prior mark I had a friend with me to witness the verbal request I made for him to evict.

Am I ok here or what do I need to do? Does he have a leg to stand on? He threatened me that I'd be sorry if I did this.

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#668662 - 01/15/11 10:39 PM Re: Can I evict my X from our home [Re: tryingtomoveon33]
lauramc27 Offline

newbie

Registered: 01/15/11
Posts: 43
Loc: Oregon
I would suggest contacting an attorney to see what can be done.

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