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How Can a Restrained Person Sell a Home Occupied by the Protected Person

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  • 03-03-2016, 08:46 PM
    Icculus
    How Can a Restrained Person Sell a Home Occupied by the Protected Person
    My question involves restraining orders in the State of: Washington

    I have a friend who owns a house (in her name only) and was living with a person with whom she had children. They were living together in the house for 8 years and owned a business together so were probably both contributing to the payments, upkeep and taxes.

    He got a temporary restraining order on her and won in court and also won possession of the home with protective custody of the children.

    He won't pay the mortgage on the home because it's not in his name and my friend doesn't want to pay for it solely out of her funds because she is not allowed in the house, but at the same time does not want to go into default. It would be hard for her to pay the monthly mortgage anyway since she had to rent an apt and is now paying monthly rent.

    Can she sell the house on the open market using a realtor. What is the best way to proceed with this type of situation?

    Thanks
  • 03-04-2016, 10:17 AM
    Mr. Knowitall
    Re: How Can a Restrained Person Sell a Home Occupied by the Protected Person
    She should talk to her divorce lawyer about getting a temporary order in place that describes how the bills, including the mortgage, are to be paid pending the outcome of the divorce. If she wants permission to sell the home before the divorce is over, she should have her lawyer file an appropriate petition with the divorce court.
  • 03-04-2016, 02:31 PM
    llworking
    Re: How Can a Restrained Person Sell a Home Occupied by the Protected Person
    Quote:

    Quoting Mr. Knowitall
    View Post
    She should talk to her divorce lawyer about getting a temporary order in place that describes how the bills, including the mortgage, are to be paid pending the outcome of the divorce. If she wants permission to sell the home before the divorce is over, she should have her lawyer file an appropriate petition with the divorce court.

    I am pretty sure that they were not married.
  • 03-04-2016, 02:42 PM
    adjusterjack
    Re: How Can a Restrained Person Sell a Home Occupied by the Protected Person
    Quote:

    Quoting llworking
    View Post
    I am pretty sure that they were not married.

    I got that, too.

    She still needs a lawyer to get this resolved for her.
  • 03-04-2016, 03:38 PM
    Mr. Knowitall
    Re: How Can a Restrained Person Sell a Home Occupied by the Protected Person
    Well, then, let's say "custody lawyer". Dad already obtained a temporary custody order and exclusive possession of the home, so the matter has gone to court.
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