San Francisco, CA asked in Domestic Violence for California

Q: Can I sell my house even thought I have a restraining order not giving me permission to be in the house. I own it .

I own it and we are not married. We lived together less than 1 year.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: much more info is needed.

if you had a lawyer on the RO proceeding ask that lawyer if there is anything in the order that would preclude you from doing that..............my "guess" is you could do so but someone needs to go over ALL the facts.

Angelina Bradley
Angelina Bradley
Answered
  • Monterey Park, CA
  • Licensed in California

A: I agree that you should contact a family law attorney to get a better assessment. The short answer is likely this: you are restrained from being at the property. The other person has a right to occupy the property. So if you do decide to sell it, you're going to have disclose the fact that the property is occupied to any potential buyers and likely have to evict the other person through some sort of judicial proceeding and potentially pay relocation fees (e.g. if the property is in LA, there are both city fees and payments owed to the tenants). The protected party may or may not have a claim that you'd be violating the restraining order by using the sale process to harass them.

Proceed with caution.

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