Legal Question in Family Law in Florida

I have recently filed for divorce and have a definite court date, my husband recently moved out of my house but refused to remove all of his belongings until the final court date, can he do this?


Asked on 9/09/09, 2:41 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Unfortunately yes, unless you can get another, quicker court date to get temporary "exclusive use and possession of the marital home." That would require you filing a motion that isn't standard and setting the hearing, so it may not be worth it to you.

Technically speaking, unless it's in your final divorce judgment, he doesn't even have to move out after you're divorced. Even if you get awarded the house (or if you owned it before you got married), you may still have to evict him. If you bought the house after you got married or both your names are on the house, and your judgment doesn't say otherwise, he has as much right to stay as you. It can get tricky, so you might want to talk to a lawyer.

Read more
Answered on 9/09/09, 4:58 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida