QUESTION
Can my wife force my mom to leave the house if I file for divorce?
Asked on Oct 05th, 2014 on Divorce - Florida
More details to this question:
I know that I cannot be forced by my wife to leave the house if my wife gets angry because I filed for divorced. However, can she force my mom (who has lived with us for more than 7 years) to move out of the house? She would be doing this only out of anger, but I want to know if she can do this and if I, being legal co-owner of the house (acquired during marriage) can say 'no' and stop this nonsense?
5 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, if you are on the deed to the house too, then you have as much right to let someone stay there as she does. However, this does not make for a pleasant living situation. Ideally, separate living arrangements would be better, but may not necessarily be possible for you. If so, then having a plan for living in the house together while your case is pending would be better than no plan at all. You should meet with an attorney to discuss the specifics of your situation and your options.
Answered on Oct 07th, 2014 at 1:16 PM
John Arthur Smitten
If your mom is not a title owner to the house then yes she can make her leave. Use of a lawyer is recommended.
Answered on Oct 07th, 2014 at 1:15 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Your legal problems cannot be solved over the internet by asking questions and getting free answers. You need to see a local attorney, and yes, she can get exclusive use and possession of the home, if the facts are right. Many times, they lie when they are angry and get the husband removed.
Answered on Oct 07th, 2014 at 11:44 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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That can only be decided by the Judge after the case is filed.
Answered on Oct 07th, 2014 at 11:08 AM
If the house was purchased during the marriage, unless there is evidence to the contrary, the house will probably be considered a marital asset, meaning you and your spouse are both' the owners. Having said that, in order for your spouse to kick your mother out, she would have to file an eviction action in civil court. My suggestion is Mediation. Mediation is Fast, Effective and Affordable. Good luck.
Answered on Oct 07th, 2014 at 11:08 AM