55 plus comm

Dear Ms. Saker: Under Florida law all property acquired during the marriage (with few exceptions) is considered marital.  Thus, even if your name is not on the deed to the property or, if the home  is rented,  and you are not on the lease, you still have a right to remain in the marital home. There are, of course, some exceptions.  If a spouse obtains a domestic violence injunction against the other spouse, the person whom the injunction is against can be removed from the residence by the local sheriff without a hearing.  However, the removed spouse has a right to a hearing to present his/her side of the case within 15 days of the date of the entry of the order. This works both ways.  I sincerely hope this is not the case, but if you are in fear of your hsuband because he has made threats against your safety, or if, again, hopefully not, he has been physically abusive towards you, then you may be able to obtain an injunction against him and have him removed from the residence. There are also time when, once a divorce is filed, a spouse can request exclusive use and possession of the home during the pendency of the divorce.  This is discretionary with the Court, but usually a Court does not grant this relief unless there are potential threats of violence, or if one party has made it wholly untenable for the parties to continue to live together. You state that you are "separated," but are you still living in the same residence? If so, I would suggest you stay put now and during the pendency of the divorce, once filed, unless any situations as described above occur. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785