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In Oregon, and the husband is declared incompetant, the wife has taken everything of value out of the home and left. The husband has left the daughter as Power of Attorney, what can be done to stop the wife from doing this. The husband was planning to file for divorce when he fell ill, can the daughter do anything on his behalf??
Optional Information: State/Country of Question: Oregon
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Yes. The daughter can file a petition for dissolution (divorce) and the sooner the better. Along with the petition, a motion for an accounting of the marital assets should be filed, requiring also that the wife not dispose of or otherwise transfer any of the marital property.
The daughter should retain a divorce attorney as soon as possible to file the petition and motions before the assets are lost forever. The state bar association can provide you with attorney referrals.
Please let me know if you need additional information.
Best regards XXXXX XXXXX
TG
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Ok one more piece to this puzzle I forgot to mention, they have a prenuptial agreement and both have their own homes, They also have seperate bank accounts, etc. Does property they purchased while together considered marital property? Can she legally take things out of his home, which they lived in together?
She can take the belongings out of the house. Until there is a court order stopping her from doing so or disposing of them, she can legally do so.
Property they purchased together while married would be marital property unless there is a written intent stating otherwise. The prenuptial agreement is very unlikely to affect the nature of their marital property, only property acquired prior to the marriage.
All the best to you.
Experience: JD, BBA Over 20 years legal and business experience.