QUESTION

How can a spouse be removed from the home?

Asked on Jan 07th, 2016 on Divorce - Florida
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Family Law Attorney serving Plantation, FL
3 Awards
    You don't mention whether there is a divorce filed or not.      Typically, it is difficult to remove a spouse from the marital home inasmuch as both parties have equal rights to reside in the residence.     Assuming there is no divorce filed, then the principal way that a spouse can be "removed" is if there is domestic violence, threats of domestic violence,  or stalking  or has endangered your safety.  If this is the case, most county courthouses have a domestic violence intake unit and they can assist you in filing the papers to obtain an order for protection against domestic violence, also referred to as an injunction.  If the spouse has a drug or acohol problem or a mental health problem that endangers his/her safety or the safety of others, you can also request that the person be confined to a facility for a limited period (72 hours) for treatment.  This is under the so called Baker Act or Marchman Act.  You can apply at the courthouse.  If a divorce has been filed, and there is no domestic violence, then you can file a motion for exclusive use and possession of the marital residence.  You need to have good cause as to why you should coninue to live there and your spouse should leave.  Does the spouse have another place to go?  Can the spouse afford another place?  ThHese are just some of the questions a court will inquire into before making such a decision.  Overall, if things are that bad between you, then maybe it is time for a divorce, and then, ultimately, either one or both of you will no longer live in the house or live together.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496 info@vovalaw.com      
Answered on Jan 07th, 2016 at 6:39 AM

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