QUESTION

Is it legal for my wife wants me and my kids to leave house?

Asked on Aug 15th, 2013 on Divorce - Florida
More details to this question:
My wife and I are in counselling and she insists that we separate at least temporarily. She is prone to very quick mood swings, and has been on quite a rampage lately. The house is in hers and her parents' names from before we were married. We pay them monthly "rent" (they would not consent to any written agreement to avoid taxes) since they bought the house outright for her (which is in a trust for our son upon her death). We have a two year old child together and two children from my first marriage who live in the house with us. She is insisting that I (and my two older children) vacate our home during this period. I told her that I don't intend to do so as this is my and my children's home too. I'm in Florida.
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3 ANSWERS

Your question blends several different, but interrelated, issues. No one can make you involuntarily leave your home, regardless of how it is titled, except for a judge. Unless and until there is a court order directing to you to leave, you are under no legal obligation to do so. There may be, however, perfectly legitimate reasons to do so, depending upon the facts of yo ur case. You don't say whether anyone has actually filed for divorce, or even if you want one, nor do you indicate if there are sufficient marital resources to support two (2) households during this "temporary" separation. The reality is that in FL, if one party to a marriage wants a divorce, they can get a divorce, regardless if the other party wants to stay married. If the house is titled in the name of your spouse and her parents, and was titled that way before the marriage, it is generally more likely than not that the house will be awarded to her in the divorce. However, you would generally be entitled to be compensated for your marital 1/2 interest in her interest in the house, from the date of the marriage to the date of filing the divorce petition. The calculation of your interest is complicated, and you should certainly engage an attorney if you are going to proceed to divorce. You also should not wait until the last minute to start looking for alternate living arrangements if counseling is not working out.
Answered on Aug 23rd, 2013 at 1:41 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You will need to go see an attorney about this to find out what should be done. I guess that the thing to watch out for is her filing a petition for protection from domestic violence. It might be obvious that there has never been any domestic violence, but it can be expected that people frequently lie about these sort of things.
Answered on Aug 23rd, 2013 at 1:41 PM

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John Arthur Smitten
If it is her and her parents house you will have to move at some point. They have to legally evict you. You have no right to stay there
Answered on Aug 23rd, 2013 at 1:41 PM

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