Legal Question in Real Estate Law in California
Is a restraining order considered an ouster?
I purchased a ''fixer'' property with x-fiancee. He lived/worked elsewhere and came home on weekends. He battered me and said he would leave me alone and left the home. I agreed to buy him out when we settled on a law suit with a contractor we had for a remodel. He moved back to this area, stalked me, harrased me, would show up at the house unannounced, I finally got a restraining order because of his past violence. He has since filed a partition claiming I ousted him and now wants all of his contribution to the mortgage, taxes and insurance since the purchase (1.5 years). I want to keep the house. I have 60% ownership plus I have soley invested over 135K in remodel, and soley made all payments for last 6 months. Is a restraining order considered an ouster of co-tenant?
2 Answers from Attorneys
Re: Is a restraining order considered an ouster?
Are you only on title? Is there any lawsuit yet? You may have a right to a partition action. Please call me for free consultation. 714 363 0220.
Re: Is a restraining order considered an ouster?
It is probably an ouster, you had him removed from the house. However, you must file a response to his complaint or he will obtain a default judgement against you. In your response to the complaint you can raise these issues. You should immediately consult an attorney and file an answer to the complaint.
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