Legal Question in Family Law in Florida

My son was recently married this past year. Things are not working out with him and his new wife. He bought his own home prior to their marriage. Does his wife have rights to the house or can my son insist on her moving out.


Asked on 6/13/11, 6:10 pm

2 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

The good news is that is he purchased the home prior to the marriage, as long as he did not add her to the deed, in the event they divorce, he should be awarded the house. The bad news is that he just can't legally throw her out. He needs to get the Courts involved.

If the marriage is over, then it is over. It would probably make more financial sense for him to pursue a divorce, and have possession of the home addressed in that litigation.

If he opts to proceed without the assistance of counsel, be aware that he will not be entitled to a �do over� if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If his situation falls within the Greater Tampa Bay area, I would be happy to schedule him for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.

Feel free to Google me.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 6/13/11, 6:29 pm
Sanford M. Martin Sanford M. Martin, P.A.

Based on the general facts described in your inquiry, under Florida law the spouses in a dissolution of marriage have rights to their fair share of property acquired during the marriage. If your son owned the house prior to marriage and the marriage did not contribute significantly to his share of ownership, your son would have basic right to the home, especially if the marriage was relatively brief. Your son is advised to discuss the complete set of facts regarding all property, income, debts, and other aspects of their marriage.

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Answered on 6/13/11, 6:31 pm


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