QUESTION
How can dad kick out grown step-children and get rid of his "wife" without having to pay alimony, giving up his house, or breaking the law?
Asked on Nov 20th, 2013 on Divorce - Florida
More details to this question:
My dad (70 years old) has had his house for over 40 years. 10 years ago he married his current wife and she, along with her adult chilidren (30 years old and 37 years old) moved in and took over the house. They don't want to pay any bills or contribute to the household; rather they want him to pay for everything. How can he kick them out and get rid of this lady without having to pay alimony or breaking the law? He's too old to not have to live in HIS house peacefully. I look forward to your feedback.
1 ANSWER
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This is your father's wife of 10 years. Even though it is his pre-marital home, she resides there as his wife and it is her homestead too. Because of the marital relationship, she cannot be "evicted;" and her sons live there with her permission.
If there has been domestic violence against your father, he could seek a domestic violence injunction to have the perpetrators removed from the house. Other than that, I believe he would have to file divorce proceedings and seek exclusive possession of the house. As far as his exposure to alimony is concerned, that is a "fact intensive" issue that would have to be resolved by settlement agreement, or by the court based on the presentation of evidence as to her need, his ability, the equities, etc.
Answered on Nov 20th, 2013 at 6:30 PM