QUESTION
My wife and I currently share a home and she wants me out as soon as the divorce she files is over.
Asked on Oct 04th, 2018 on Divorce - Florida
More details to this question:
My wife just out of nowhere says she wants a divorce. I am trying to save the marriage because I feel that she's making irrational decisions. She is supposed to be taking meds for PTSD, Anxiety, and Depression. She has the meds but refuse to take them so her mind does not shut down and she stays up all night and then all day. My wife told me once the divorce is final she wants me out of the house. I have been living in the house since we got it almost 3 years ago. Her name is on the mortgage and my name is on the deeds. I have nowhere to go and would love to stay in the house. I have a job and can pay the bills whereas she gets money here and there based on the jobs she does at our shop that we also own together. Is it possible that I can stay in the home until I'm ready to leave? Can I stay in the home until she buys me out? Or is it possible the judge would make me leave? As stated earlier, I have a steady income that would allow me to afford the bills.
1 ANSWER
NA chris@crlawtampa.com
Very common question - the simple answer is that since you are on the Deed, you have the same rights as does she to to stay in the house. Neither she nor the police can make you leave. She can (as well as you) file a Petition for Dissolution and ask the Court for "temporary exclusive use and possession." This will require a hearing with the Court. Most likley, the person that has the greater financial ability will be required to leave. Then, the ousted spouse can ask for 1/2 the montlhy fair market rental value at mediation or in Court
Answered on Oct 20th, 2018 at 11:25 AM