Q: If I have a restraining order against my son for family violence, can I remove him from the deed of my house?
My husband and I purchased a home and was manipulated into adding my son and his children's mother to our deed. The agreement was for them to pay half of the mortgage. After adding them the the deed we have received no money for the mortgage nor bills. However, I have been abused mentally, physically, and emotionally by my son on a constant basis since adding them to the deed. On January 26, 2023 I was pushed down a flight of stairs by my son. The violence from my son is progressively getting worse over time. One March 1, 2023, the judge granted me a permanent restraining order against my son. I need to know how to get him off of the deed so that I can live in peace.
A: You cannot remove someone from a deed unilaterally. Even if you have a restraining order. You will need to contact a civil attorney to resolve the issue. Your son has interest in the house.
Joshua Schiffer agrees with this answer
Regina is correct and you are going to want to retain counsel to assist you in establishing the rights you want while also mitigating the affect your Son can have on the real property.
You want to find a Family Law attorney with Real Property experience, as this is a bit more complex than the standard issue.
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