Legal Question in Family Law in Florida

Im a stay at home mother for 13 years, for two daughters age 11 & 13. I have been married for 13 years. I want a divorce due to the fact that my husband is a alcoholic. He wants to kick me out out of the house and keep thw children. Im not on the deed or morgage. Wepicked the house out together. My mother gave us 10 thousand dollars a down payment. Please help!

Asked on 8/02/13, 9:45 am

3 Answers from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law

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If the home was purchased during the marriage, then it is a marital asset and subject to equitable distribution. He does not have the right to try to kick you out.

It sounds like you will need to file for divorce and ask the court to grant you the exclusive use and possession of the marital home for yours and the minor children's benefit.

Answered on 8/02/13, 10:09 am

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Brent Rose The Orsini & Rose Law Firm

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What's your question? Can he kick you out of the house? No, not legally. You could only be put out by a judge in a divorce case, assuming a injunction (a "temporary restraining order") isn't issued against you or you don't commit a crime against him. And, in a divorce, you may even be allowed to stay in the house temporarily or permanently, depending on circumstances such as whether your name is on the house and when the house was purchased.

Answered on 8/02/13, 10:32 am

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