Q: A spouse is trying to get a kick out order on me. I own the property. She vacated can I come back?
I have lived in the house since the early 90s and she has only lived in it for 6 years. I just need to know if I can come back since she vacated the property a few days ago.
A: If there is a domestic violence restraining order against you, it is unlikely that you can go back to the house, at least temporarily, if there was a kick out order. Also, property is presumed to be community property until a final determination is made. If community payments were made on the house, the community may own a portion of the house even if it was a separate property house. She probably moved out of the house knowing you might be able to receive credits for her exclusive use of the home. The court order is key here, and a consultation with a family lawyer is necessary. Most offer a free initial consultation. More facts are required to provide a thorough evaluation.
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