2010.06.28 - Kyron's Dad files for divorce and restraining order

[sarah7855]

Kaine Horman said he is asking the court to remove Terri Moulton from their home. He said Kyron deserves to come to his own room, not a "safe house" somewhere else.

http://www.kgw.com/news/local/Desiree-Young-on-Terri-Moulton-I-know-shes-lying-98075814.html

Wow, this gave me a flash of hope that he's alive, they know where he is and are close to bringing him home.Saying a prayer that LE has a lot of positive surprises behind the scenes and are close to bringing him home safely.

 

[Adalena935]

Is it just me or does the wording on this RO sound a little vague? :waitasec:

It doesn't really say anything we didn't already know, suspect, or assume. The only breaking story here is confirmation that Kaine believes what the rest of us have been suspecting all along.

I don't think it's vague at all. I think it's very specific. He says police provided him with probable cause that his wife is involved in the disappearance of Kyron, his son and that she's attempted to hire someone to murder him.

 

[redkatrampant]

You're smart, like my husband.





Sorry redk, I just saw your post after posting the above. Please don't think I am calling you not-smart for having similar circs to TH.
My thinking was more along the lines of, they had a 'mature age' marriage, as did I, and discussing those sorts of financial matters was a part of our love story.. we just had to be practical. I forget that the rest of the world can be more normal than we are sometimes.

And you are right. There could be legitimate reasons the Hormans kept their finances separate. In fact, KH's lawyer's statement at the end of the RO paperwork says that they don't want their private, financial matters dissected in the media.

I was not offended at all. I know how fast this is moving. Thank you though for your consideration.
We married young, and I had some medical issues that either kept me from working or put a hurtin on our budget. Maybe, because I never thought about it either. I was young and in love. Now I am old and still in love, but I know now that I have to make provisions should anything happen to either one of us. It is sad, but it is a fact of life. If my husband and I were to die at the same time, there is a sister I would not want to have ANY dealings with my youngest child or my estate. I also would not want my oldest child to be an executor.
My in laws for example have always had separate money, but I know my father in law has enough character to provide for her if they split.
Maybe this clears up my opinion.

 

[wondering1]

And let me add.......here, child/children stay with the house....whoever is awarded physical custody would get right to stay in home until property division is settled. Courts will not uproot children....

sbm

Here, in a community property state, no less, they will. Just for example, I know a couple who are going through divorce right now. Long term marriage (over 10 years). Husband is a doctor, wife is a sahm. 3 kids under 11 -- youngest is 4. The court just ordered the sale of the house which was held by both as community property. And that's not the first time I've heard of it.

 

[Haeve]

Is it 'normal' for a husband to leave his wife's name off of the papers for the property, even if he paid the bills and mortgage himself? TIA

I don't know if it's normal, but I have a little experience with property stuff and I've seen folks simply forget to do the legal changes they need to change from a sole ownership to joint ownership, then for some reason the lender learns of a marriage, death, divorce, etc. (e.g. from the county re: property taxes or from an insurance company), or they want to refinance, and people have to scramble to send in the supporting documentation. I imagine that won't be happening in this case. Often the property doesn't actually change hands, but on paper it can go from sole ownership to husband and wife to their trust and back and so on.

I believe it's been stated in the MSM (sorry no link--lemme know if you need one) that KH owned the house before he married TH. Not putting her on the deed could be an oversight, but OTOH, people keep saying KH seems so methodical... There might be reasons relating to TH's credit score or something though.

ETA: Sorry, apparently I came onto this thread really late. Forgive any repetition. :redface:

 

[Kentjbkent]

sbm

Here, in a community property state, no less, they will. Just for example, I know a couple who are going through divorce right now. Long term marriage (over 10 years). Husband is a doctor, wife is a sahm. 3 kids under 11 -- youngest is 4. The court just ordered the sale of the house which was held by both as community property. And that's not the first time I've heard of it.

If they have been married over 10 years, he is a doctor and she is sahm raising 3 children.....sounds like she may have needed a new attorney!

 

[Adalena935]

Says police have provided him with probable cause to believe the statements are true. Probable cause is the absolute lowest threshold needed for police involvement. This tells me they told him TH is the last known person to see Kyron (unless you count the boy who claims he did), and told him that someone had claimed to have been approached by TH in an attempt to hire out a hit on KH. The police have not provided any proof of those things to anyone. Essentially they got the RO based upon a hunch and an unsubstantiated claim. IMO, the police still have nothing.

bolding mine>

Just an FYI for those who aren't aware.

FBI involvement automatic in missing children cases. Kyron is 7.

http://www.fbi.gov/card/

Child Abduction Rapid Deployment (CARD) Teams

Here's Kyron's case at FBI's web site.

http://www.fbi.gov/wanted/kidnap/horman_kr.htm

Kyron Richard Hormon

Portland, Oregon
June 4, 2010

http://www.fbi.gov/wanted/fo/pdwanted.htm

Most Wanted by The FBI
[SIZE=+1]Kidnappings/Critical Missing Persons[/SIZE]
Kyron is #1 under the above header.

 

[TxLady2]

Of course provided the house is mortgaged at all. It might be completely paid for. And if it is then she doesn't get squat. Except for any $$$ invested in a 401k from the date of their marriage on. But even then since OR is not community property state she won't get 50% of it.

Interesting. In some states, she could not get a dime of his retirement if they've been married less than 8 years.

 

[momtective]

strip her of everything, absolutely everything where she has nowhere to turn...interesting

Heck yeah! And she should leave with nothing but her cloths and toothbrush! Then when Kaine is awarded full custody of K. in the divorce I hope he is awarded an ungodly amount in child support.:woohoo:

 

[Surfer Girl]

I don't think she can be legally banned from going to the gym, but if he was there she'd have to leave.
As this case twists and turns I had my suspicions about TH and now I want hard evidence before I decide just yet.
KH seems controlled and organized in his thought process (unless an att. wrote it for him) and the RO this doesn't sit well with me unless LE approached him with real hard evidence.
Otherwise, it is just based on his opinion not actual incidents of abuse in the past.
But, TH will have her right to contest the RO soon.
Even if we all think she is 100% guilty they need to follow the law.

Hello Everyone! I'm new here, but I've been reading for a while. I just wanted to jump in and ask if the reason T is barred from K's gym (beside the allegation tof the MFH plot) is because she is not a member of his gym? I thought the TV reporter who tried to interview them leaving T's gym said he was at Xtreme Fitness in Portland. The RO states the name of K's gym as The Edge in Beaverton. I don't live in OR, so I don't know for sure, but it sounds like each belongs to a separate gym?
As far as the RO, it sounds similar to what he purportedly threatened to do Desiree, i.e. take the kids (hers from her 1st marriage and hers and his from her 2nd marriage to K that she haven't even given birth to yet!!! (I read that she was only 8 months pregnant when she filed the petition to divorce K and got the RO to prevent him from taking her kids.)
TIA!

 

[Adalena935]

In FL, I just submitted the RO paperwork with the clerk and it was approved within 2 hours by the judge. I never went in front of the judge until the hearing to make it permanent a few weeks later.

Does anyone know what the process is in Oregon to get a temp RO?

I don't know but do you think they had the bare minimum to cause him to take the baby and flee filing for divorce and saying all those things on that legal document? I sure don't.

Just because there's any minimum criteria I don't assume that's all they have. They well may have more than they need. I truely believe they feared of her and for his and the baby's lives. Who else did she try to hire? I read they posed that to him at one point and I don't doubt it's in all their minds. If true it's a real threat to human life. Kyron's already gone and not to be found sadly.

The question might better be; "What is the ceiling on how much you can have to get hubby to leave, file RO, divorce & custody of couple's only child together and tried to have him murdered and involved in his 7 year old son's disappearance too."

I do not believe this unfortunate man is a fool. Thank all the powers that be he and the baby aren't missing also.

 

[Adalena935]

I hope Kyron will be miraculously found alive and well and I join all the doubters that TH will be completely exonerated in any wrongdoing.

This case is heartbreaking to contemplate anyone thinking of any such thing as named on the RO.

However I do not believe LE, FBI say these things lightly just because they have nothing better to do this summer. I know sometimes LE is corrupt but I don't think that will turn out to be the case here.

 

[MsFacetious]

Kaine Horman said he is asking the court to remove Terri Moulton from their home. He said Kyron deserves to come to his own room, not a "safe house" somewhere else.

http://www.kgw.com/news/local/Desiree-Young-on-Terri-Moulton-I-know-shes-lying-98075814.html

I am not sure where the "Safe house" term came from... I could have missed it. I only heard "undisclosed location" which is what they have used now in the restraining order. Maybe there isn't a difference, but I would think there is. :waitasec:

This is what they said in the press conference.

Reporter: "Kaine - We found out late this afternoon that you are asking the judge to amend the petition to let you and your daughter to move back into your home. As if you don't have enough stress, has that been added stress to be away from your home and having your small daughter in a different location?"

Kaine - "I'm more concerned about my daughter. She should be where she's the most comfortable. We're in a great place right now, but it's not her home. To displace a child for the comfort of an adult, I think we all have our opinions on how appropriate that is.

That's part of the reason and the reason that Desiree already articulated.

Kyron will be home at some point and I don't want him to come home and have to be spirited away to an undisclosed location where we're staying. He should be able to come home and walk into his room and feel like he's back where he belongs."

 

[froginTtown]

OMG... This has turned into a soap-opera... I thought Kaine did not want attention drawn away from Kyron being missing..!! Is regaining his house more important than the focus on his missing son..!!! This sickens me anymore... Scheduled press meetings on scheduled days and they read from their own written statements and only allow the press they want in.. Responding on an E-mail to only the questions they want to answer.. It took them 2 weeks to get it together to hold the first PC. Before that, It was an emotional LE pleading for his safe return.. Kudos to him...

WAKE UP CALL..!!! ...Where is Kyron..!!!!! Have we lost site of him...??


I'm just looking out for the best interest of a little boy who needs our help.!!!
We know he is definatly not with Terri right now.. So where the hell is he???

 

[human]

Is it 'normal' for a husband to leave his wife's name off of the papers for the property, even if he paid the bills and mortgage himself? TIA

He bought the house before they were married, Perhaps her credit score would have made buying a house together impossible or very costly.

 

[shefner]

I'm trying to understand why Kaine had to file anything right now. If his name is on the deed and TH's is not, then LE could escort him into his own home and escort her out. Even so, I don't know why its important to be in that house at this point. I think Kaine and the baby being in an undisclosed location is not only safer, but more private. And more private will probably be desirable for a while after (if?) Kyron comes home.
To me, all of this seems very immature. Of course, we don't know all the details that LE must know....but this whole case is very strange.
And yes, I think this would play out best for TH....she is not arrested so she is free to go and live where she chooses. What kind of pressure does forcing her out of the house create? She is free to go somewhere else without looking bad for doing so.

I'm not with the FBI.....but I think playing nice would get more from Terri than these grandstanding moves. Thats just my opinion though....

 

[pinkpuddytat]

Can I just say....Where on earth is her lawyer? Not one statement...Nothing...

Perhaps reconsidering his offer to represent her. It's pretty clear that she's guilty of more than one thing, and also that she a habitual liar. A few lies to the lawyer -- that he'd likely be able to see through *very* quickly -- and he'd have to be asking himself "Why am I doing this?". He's not going to get paid -- at least nowhere near what he normally commands -- because she has no assets, and isn't going to have any assets. At most, a court would allow him to be paid the public defender rate, which is puny. And what's the point for him? It's becoming very clear that she's a narcissistic, homicidally-inclined liar. What motivation could he possibly have for helping someone like that at his personal expense? It's not like he can't find anybody more worthy, on whom to bestow his free or deeply discounted services.

 

[pinkpuddytat]

I'm trying to understand why Kaine had to file anything right now. If his name is on the deed and TH's is not, then LE could escort him into his own home and escort her out.

Me too. She'll presumably go out for groceries, or the gym(!) at some point. Police should arrange to have Kaine and the baby move back in as soon as she leaves, and then block her when she tries to come back by meeting her at the end of the driveway and telling her she'll be arrested for violating her restraining order if she goes back to the house. She doesn't have any legal claim on a right to reside there that he doesn't have, but she's got a restraining order against her and he doesn't.

And yes, I think this would play out best for TH....she is not arrested so she is free to go and live where she chooses. What kind of pressure does forcing her out of the house create? She is free to go somewhere else without looking bad for doing so.

With what money? I'm sure Kaine's not offering to pay. I think LE should get her out as I suggested above, give her the addresses and phone numbers of a couple of homeless shelters just as they'd do for any homeless person they encountered, and then leave her on own to find housing. Maybe one of her sketchy friends or relatives will take her in. Shouldn't be Kaine's problem.

And July 22 for a court hearing on this? That's nearly a month from when he had to move out for his own and he baby's safety, on LE's advice! Get her out now, and let her try to convince the court on July 22 that she should be allowed to move back in.

 

[BetteDavisEyes]

I usually refrain from posting as an armchair "psychologist", but I think that LE has sensed, as do I, that TMH has serious abandonment issues. With a hat tip to grandmaj (on another thread, I think), TMH no longer has support from Kyron's family or others close to them. But for her parents (presumably), just about everyone has broken ranks with Terri, and now she stands to lose the dwelling in which she's felt comfortable and safe for several years. The motion to vacate the family home will cause additional feelings of abandonment that will likely be extremely difficult for Terri.

I believe that LE has moved very stealthfully in this delicate family situation, and I think that they are slowly, but surely, backing Terri into a corner. She will eventually find herself in a trap of her own making and will either give up Kyron's location or take her own life. I'm sure that we would all prefer the former so that Kyron can be brought home, hopefully alive and well, because the latter would not benefit anyone. jmo

 

[Aedrys]

I'm trying to understand why Kaine had to file anything right now. If his name is on the deed and TH's is not, then LE could escort him into his own home and escort her out. Even so, I don't know why its important to be in that house at this point. I think Kaine and the baby being in an undisclosed location is not only safer, but more private. And more private will probably be desirable for a while after (if?) Kyron comes home.
To me, all of this seems very immature. Of course, we don't know all the details that LE must know....but this whole case is very strange.
And yes, I think this would play out best for TH....she is not arrested so she is free to go and live where she chooses. What kind of pressure does forcing her out of the house create? She is free to go somewhere else without looking bad for doing so.

I'm not with the FBI.....but I think playing nice would get more from Terri than these grandstanding moves. Thats just my opinion though....

Who says they didn't try nice at first and that didn't work? He's doing this, what, after three or four weeks of Kyron being missing? I don't think this immature, I think these parents are getting desperate and TH still won't budge and tell them anything. There's a point where nice just doesn't cut it anymore. Maybe taking away what she loves will finally force her hand.