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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35390
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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A man lives with a woman for 5 months then becomes abusive

Customer Question

A man lives with a woman for 5 months then becomes abusive and a restraining order is filed by the woman. He claims that he has rights to the house because of "shared residence". There will be a court hearing on this case. Does he have any rights. He never paid any rent or paid for any services.
Submitted: 4 months ago.
Category: Family Law
Expert:  LawTalk replied 4 months ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Even if a person owned the home and they allowed another person to live there free of charge, if there is a restraining order (RO) against, them by the "roommate/significant other", they do not have any right to reside in the residence while the restraining order is still in place.

So no, he has no rights to the residence. The shared residence concept is not valid in this situation and the woman does not even have to formally evict him. He simply will not legally be allowed to return and live in the residence while the RO is in place.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 4 months ago.

Good evening,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug