Legal Question in Family Law in Florida
Divorce
if a husband owned a home before he married, can he have a wife removed from the home before the divorce is final?
2 Answers from Attorneys
Re: Divorce
It is possible but would depend on several factors. If there are children involved, the Court would and should leave her there with the children. If there are no children, the outcome might be different. Sounds like it might be a non-marital asset and will get the property ultimately. Just depends.
Re: Divorce
Yes, in the same way a person can remove any month-to-month tenant. However, in many divorce cases, judges automatically issue an order forbidding removal of anyone from a marital home without permission from the judge. If your divorce is pending, you should see if you have such an order in your case. Many judges only issue the order if children are involved.