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?


Asked on 1/16/03, 10:35 pm

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

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.

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Answered on 1/18/03, 4:58 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

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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Answered on 1/19/03, 3:11 am


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