Q: California Family Code Section 2626 How often is this successfully enforced / used?
Trying to determine if I should obtain a court order to stop wife from calling sheriff’s when go home. She has placed retraining orders which are then removed by the judge for lack of evidence and she was admonished by the judge. My Lawyer said I will be entitled to 1/2 rent because she changed the locks on our home. We have no kids We bought the home but she denies me access. I believe that if I have a court order preventing her from locking me out that she will then want to push forward with placing home for sale. Whereas if I stay away and continue to pay half the mortgage she is not pushing forward. She hasn’t hired an attorney . I went to my home she called the Sheriff and said I trespassed. There was no incident. Sheriff helped me get somethings and then a few days later she obtained another restraining order. I want second opinion
A:
Your headline question is how often is FC 2626 successfully enforced. This deals with the concepts know as Epstein and Watts credit, which allows for certain reimbursements and credit for post separation actions.
These are basic principles in most divorces and they are employed successfully when plead properly. I would suggest you discuss this more in depth with your current attorney since I do not possess the wealth of information he has.
The issue of the restraining order I would defer to your attorney since there are not near enough facts to allow me to give an informed response.
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