QUESTION

My wife and I have a lease purchase on a piece of property with a house in Florida

Asked on Jan 09th, 2025 on Landlord and Tenant Law - Florida
More details to this question:
My wife moves out of the residence 5 years ago it has made no attempt at rent payment since then. Now she's informed me she's moving back in and there's nothing I can do to stop her because we're married. This is a rental property we do have a lease purchase option. Is it true she can just move back in or she can even break into the house and take what she wants due to the Florida being a community property state?
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Under the facts provided, she is correct and its not because you are married. Its because she is a "co-tenant" on a rent to own contract. Yes, she can "take what she wants" because you are still married and its all, in theory, marital property. You will need to retain a divorce lawyer and likely move forward with the divorce proceedings to address all of these issues otherwise. 
Answered on Jan 09th, 2025 at 4:07 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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