QUESTION
Can the wife go to court and get an order preventing him from coming into the home and would that require a hearing or the husband have to be notified
Asked on Jun 06th, 2013 on Divorce - Florida
More details to this question:
Wife files for divorce, husband moves out and has been out of the home for over a year but wife was awarded $1800.00 per month toward household bills. Nothing was ever filed previous with the court stating anyone had exclusive rights to the home and during the modification hearing the wife stated she had no problem or issues with husband living in the house. He would like to go in to have all marital property appraised inside the home.
2 ANSWERS
John Arthur Smitten
Yes typically in a divorce a party will be awarded exclusive use of the former marital residence. If that has not been done then a motion needs to be filed with the court.
Answered on Jun 10th, 2013 at 12:48 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She should have moved for exclusive use and possession if that was what she wanted, but she apparently did not, and has no problem with him living in the home. He is entitled to get an appraisal.
Answered on Jun 07th, 2013 at 11:45 AM