Exclusive Use of Home

Refinancing a Mortgage

Exclusive Use of Home

Nicole G. v. Warren Braithwaite involved the courts order to allow Nicole to live in a home, which was in both partners’ names, after a restraining order was issued.

The parties had been dating for awhile. After Nicole received a settlement from a lawsuit, she purchased a home in her own name. Later Braithwaite moved in with her. At one point he took her to a notary to transfer half the home in her name to him.

Later, she filed a request for a Domestic Violence Restraining Order against Braithwaite declaring many acts of stalking and abuse. Braithwaite also filed his own restraining order against Nicole.

The family court dismissed the restraining order filed against Nicole but granted the restraining order against Braithwaite. In addition, the court awarded Nicole the exclusive use of the home. Braithwaite appealed the issuance of the restraining order and the order allowing Nicole to live in the home exclusively.

The court of appeals found that there was sufficient evidence to issue a restraining order against Braithwaite. It also found that the order to allow Nicole to live in the home was valid under Family Code section 6321(a).

fc 6321(a): The court may issue an ex parte order excluding a party from the family dwelling, the dwelling of the other party, the common dwelling of both parties, or the dwelling of the person who has care, custody, and control of a child to be protected from domestic violence for the period of time and on the conditions the court determines, regardless of which party holds legal or equitable title or is the lessee of the dwelling.

If you need legal advice and are looking for a family law lawyer in Orange County to address a domestic violence issue or a other divorce matter such as legal separation, annulment, custody, child support, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not address other factors which may play a significant role in a particular dissolution. Circumstances in your divorce may alter the results in your dissolution.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.

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