Legal Question in Family Law in Florida

I am separated from my husband, I own the home and the mortgage is in my name. I left the house (because of DV) 15 months ago because he would not leave. We have 2 underage children, I took them with me. He has not paid the mortgage and will not leave the home or sign the divorce papers to start the divorce. the electric, water and cable are in my name and he is paying them. Can I evict him? and can I turn of the utilities?


Asked on 11/08/16, 8:19 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Papers do not have to be singed by both parties to start a divorce. Either party may start the action by serving a legal petition for dissolution. Since he is not a tenant, eviction is not your remedy, ejectment is.

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Answered on 11/08/16, 6:02 pm
John Smitten Carey and Leisure

File for divorce asap. Get an order from the judge kicking him out.

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Answered on 11/11/16, 2:50 am


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