QUESTION

Can my wife evict me from our home of 25 years?

Asked on Dec 17th, 2014 on Divorce - Florida
More details to this question:
I had to leave my home because she threaten me to call the police. She said I touched her which I didn't. She punched and kicked me, but I didn't touch her.
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5 ANSWERS

You don't say whether you own the home jointly, if you are on the deed together, whose home it is/was, or if anyone has filed for divorce. Generally, if the home is a marital asset, it is subject to equitable distribution by the court in a divorce case. As a practical matter, if the situation is so acrimonious that it is unsafe for you to be in the home together, whether due to domestic violence or just the threat of calling the police with a false report of domestic violence, you would want to make other living arrangements and file for divorce. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Dec 18th, 2014 at 12:14 PM

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Eduardo Julio Mejias
Unless your wife obtains an injunction for protection against domestic violence against you (which doesn't appear to be the case) you have every right to stay in your own home. If your name is on the title, she can't evict you under any circumstances. Even if you have no ownership interest in this home, your wife still has to follow the statutory eviction procedures to kick you out of the house.
Answered on Dec 18th, 2014 at 12:13 PM

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John Arthur Smitten
If she gets a restraining order that kicks you out then yes, otherwise she cannot just throw you out without an order Use of a lawyer is recommended.
Answered on Dec 18th, 2014 at 12:12 PM

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It is your home as well as your spouses. Accordingly, she cannot evict you. Yes, she can call the police and they will respond to investigate what occurred, if anything. Domestic violence is NEVER an answer. Good luck.
Answered on Dec 18th, 2014 at 10:18 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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No, your wife cannot evict you. You have many rights, but need to see an attorney about this matter.
Answered on Dec 18th, 2014 at 10:14 AM

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