We bought a house in California and the down payment was only my money but we put the house in both of our names equally

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Customer: We bought a house in California and the down payment was only my money but we put the house in both of our names equally less than 2 months ago. Now my husband has a restraining order against me to another apartment and still came to the house whereby I had to leave. He keeps threatening that he would ensure that I can’t ever come back to that house. He also said that I do not have any form of right to that house anymore. Can I place a restraining order against him?
Answered by Attorney Bruce in 2 mins 7 months ago
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Attorney Bruce
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Attorney Bruce
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Attorney Bruce
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30872 Satisfied customers

Jessica

Jessica

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Attorney Bruce, Expert

Thank you for your question. My name is***** been practicing law for thirty seven years. Kindly allow me to review your post. Be right back.
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Attorney Bruce, Expert

Welcome. Thank you for the opportunity to assist you today. I know that legal issues can be frustrating.

Just so you are aware, You have reached JustAnswer.com, an online legal question and answer site. Just Answer is just a legal information site. We do not provide representation and no attorney-client relationship is formed.

I will provide answers to assist you in reaching a resolution as quickly as possible.

Please be patient if I do not respond right away as I may be researching or typing my responses.

I have reviewed your narrative. Sorry you have to deal with this unfortunate situation.

Please clarify what you mean by:  "Now my husband has a restraining order against me to another apartment".

Customer
We lived about 4 hours away from the house for work but he called the cops and accused me of domestic violence and got a temporary restraining order placed
Customer
I was asked to leave the apartment
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Attorney Bruce, Expert

Does the TRO forbid you to access only the "other apartment", or from going near him?

Customer
Both the other apartment and going near him
Customer
Which is why I left the house when he came over.
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Attorney Bruce, Expert

Ok.

So your question was:

Can I place a restraining order against him?

Has he threatened or assaulted you?

Customer
Well he was the one that assaulted me but the cops believed him when he denied it
Customer
He keeps threatening me also but denies it once I tell anyone about it. And he is too smart to write it down
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Attorney Bruce, Expert

The statement "He also said that I do not have any form of right to that house anymore." is false.

You are still a joint owner.

The TRO in no way effects your ownership interest.

You just cannot go there while the TRO is in effect, if he is there.

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Attorney Bruce, Expert

He keeps threatening you with violence, or legal action?

Customer
Oh ok, that’s until the TRO is in effect
Customer
He threatens to kill me and with legal actions too
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Attorney Bruce, Expert

File police reports regarding the threats to kill you. Even if the police take no action, it creates a record.

And go to Court and seek the TRO.

Customer
Thanks I’ll file police reports. Thanks a lot
Customer
Also, he went into our joint account that has both of our money and cashed out $45000. Leaving me with barely $3000. I left the money in the account and he is still withdrawing it. Apart from closing the account, do I have anything else that I could do about that? Thanks
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Attorney Bruce, Expert

If it is a joint account, he has equal access to do as he pleases, unless a divorce case is pending in Court.

It will also be relevant in a future divorce action.

Customer
would me closing the account be detrimental to me? There is no divorce case yet
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Attorney Bruce, Expert

Not at this point, after he has taken most of the joint funds.

Get that money quickly.

Customer
Ok will do that
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Attorney Bruce, Expert

Thank you for giving me the opportunity to assist you.

Based upon the information you provided I have given my best reasoned answer in accordance with applicable law and practice. If any part of my response is unclear, please let me know.

Please feel free to ask more questions and I will be happy to continue to assist you here in this chat.

Best wishes for a successful outcome.

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