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  1. #1
    Join Date
    Mar 2016
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    1

    Default 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

  2. #2
    Join Date
    Sep 2005
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    Default 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.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How Can a Restrained Person Sell a Home Occupied by the Protected Person

    Quote Quoting Mr. Knowitall
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    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.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How Can a Restrained Person Sell a Home Occupied by the Protected Person

    Quote Quoting llworking
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    I am pretty sure that they were not married.
    I got that, too.

    She still needs a lawyer to get this resolved for her.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default 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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