If one spouse is on tite, can they evict the other spouse?

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If one spouse is on tite, can they evict the other spouse?

Asked on June 17, 2012 under Family Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You mean that both spouses are not on the deed to the property and one is threatening to evict the other?  No, that is not generally hopw it goes when you are married.  If the property is considered to be marital property - purchased during a marriage or has become marital property after the marriage with a clear intent - it does not matter whose name is on the deed.  Each of you though can ask for "exclusive use and occupancy" of the marital home pending the divorce.  Good luck.  


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