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There is a protective order in place as where there was a weapon involved. No one was hurt or injured just out of emotions carrying it around the house during argument. Have been out of the house 2 months. Waiting court day, can she take everything if I’m out for two years? The house is joint owned.
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She cannot take everything, you each own 50%. However, the court may want to grant her a greater portion because of your threats to do her harm. Don't belittle what you did. A gun in an argument is a threat and she was scared. If you have not done it, you need to get counseling to address those issues.
Answered on Jan 17th, 2013 at 5:28 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Well, she cannot take your ownership interest away just because of the TRO or Injunction. But she can keep you out of the house. You can make arrangements with a law enforcement officer to accompany you to the home so you can pick up your personal items. (Since a divorce may be on the horizon, it would be well to inventory all the furniture and objects of value in the house, so if the spouse takes or sells off anything, you can prove it in court.)
Answered on Jan 17th, 2013 at 5:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not understand the question, if the house is half yours, it remains half your subject to the order of the court. I you paying half of the mortgage?
Answered on Jan 17th, 2013 at 5:23 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Stuff in house may be joint. If there's a protective order you are out until it expires.
Answered on Jan 17th, 2013 at 5:23 PM
The protective order or who is living in the house will not determine how it will be divided. If it is a community asset then any equity will be divided equally. You should consult a family law attorney to review all of the facts and advise you.
Answered on Jan 17th, 2013 at 5:22 PM