My husbands ex wife has a restraining order against him. We found out she abandoned the home they bought together. It's in foreclosure he just found out and is trying to save the home. Can he move in to the home if she no longer lives there. The restraining order does not have a address. We found out she lives in a other city with her new relationship

Why was the ownership of the property not settled in the divorce?

What does the restraining order say? Why does he need to move in to the home? How was the home dealt with in the divorce?

Restraining order is a stay away order it say to stay away from her, work and home. In the divorse he left her with everything even the house. But house is in both their names. We had somebody serve her and found out she no longer lives there but can see she left some boxes through window. He talked to the bank and a lawyer regarding saving the home because she defaulted in making house payments for 25 months. They told him he can save the home through chapter 13.

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Originally Posted by radmzs

Restraining order is a stay away order it say to stay away from her, work and home. In the divorse he left her with everything even the house. But house is in both their names. We had somebody serve her and found out she no longer lives there but can see she left some boxs through window. He talked to the bank and a lawyer regarding saving the home because she defaulted in making house payments for 25 months. They told him he can save the home through chapter 13.

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Has he approached the Court that issued the restraining order with these changed circumstances?

She defaulted for 25 months? Yikes!

Perhaps the bankruptcy attorney can help you because this house would be part of a bankruptcy "package."

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Originally Posted by JudyKayTee

Has he approached the Court that issued the restraining order with these changed circumstances?

She defaulted for 25 months? Yikes!

Perhaps the bankruptcy attorney can help you because this house would be part of a bankruptcy "package."

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He just talked to a family law attorney and they told him that the restraining order is to stay away from were she lives if she don't live there than it would b OK for him to go to the home because she has abandon the home.

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Originally Posted by radmzs

He just talked to a family law attorney and they told him that the restraining order is to stay away from were she lives if she dont live there than it would b ok for him to go to the home because she has abandon the home.

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Without knowing the circumstances or reading the Order this would be my first guess - that "house" is mentioned as a place where she lives, and she no longer lives there.

My concern would be that he is there and she comes back to pick up the rest of the boxes.

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Originally Posted by JudyKayTee

Without knowing the circumstances or reading the Order this would be my first guess - that "house" is mentioned as a place where she lives, and she no longer lives there.

My concern would be that he is there and she comes back to pick up the rest of the boxes.

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We don't think she will b going back because neighbors said she has been gone for like 2 months. But we wouldn't b moving in until we know the house will b saved and we also served her with child custody papers and He has court soon and will mention this situtation to the judge.

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Originally Posted by radmzs

... In the divorse he left her with everything even the house. But house is in both their names. ...

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Just so you know, that is nonsense.

Either she was awarded the whole house (in which case it wouldn't be "in both their names"), she was to re-fiance the house and he was to sign it over to her when she did so, or their attorneys didn't know what they were doing.

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Originally Posted by radmzs

He just talked to a family law attorney and they told him that the restraining order is to stay away from were she lives if she dont live there than it would b ok for him to go to the home because she has abandon the home.

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So there you go. Why are you asking us? Don't trust the attorney you talked to?

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Originally Posted by AK lawyer

Just so you know, that is nonsense.

Either she was awarded the whole house (in which case it wouldn't be "in both their names"), she was to re-fiance the house and he was to sign it over to her when she did so, or their attorneys didn't know what they were doing.



So there you go. Why are you asking us? Don't trust the attorney you talked to?

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I asked the question yesterday. He was able to get a answer today by a other attorney. I was just asking. Thank u for all your replys.

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Originally Posted by radmzs

I asked the question yesterday. He was able to get a answer today by a other attorney. I was just asking. Thank u for all your replys.

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What was the answer - I'm always curious about how things play out.