QUESTION
can i make my husband leave our home before the divorcexis final?
Asked on Feb 23rd, 2015 on Divorce - Florida
More details to this question:
I bought it under my name and my mother's before we got married. I later refinanced but by then we were married so he was added to title. Now he is unemployed (as he was for much of our marriage) working odd jobs and is not paying me any money. I am paying for EVERYTHING! Can i ask him to leave?
1 ANSWER
You certainly can ask him to leave, but he does not have to do so. If you file (or already filed) for divorce, you can ask the court for exclusive use and possession of the marital residence. However, many judges will not grant this absent extenuating circumstances. For example, perhaps in a situation where there is emotional/verbal abuse, or what is going on between the parties falls just short of domestic violence, but may be on the horizon unless the couple is apart, then in those instances courts may grant such a request.
As to his lack of financial contribution, typically the court says that during the pendence of a divorce, the parties are to maintain the status quo. So if you've been the breadwinner/source of support during the marriage you may be stuck a little longer. Try to get the proceedings moving for the divorce or, if you have not yet filed, you may think about filing, or just get used to his freeloading.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.com
954-316-3496
Answered on Feb 23rd, 2015 at 6:18 PM