Legal Question in Family Law in Florida

Tresspassing

If a couple is divorcing and the husband moves from the residence temporarily and the wife who remains at the residence permits someone to come on the property that the husband does not want on the property, does the husband have a legal right to ask the person on the property to leave. Both the husband and wife's name is on the deed and title of the property and the husband pays the entire mortgage each month.


Asked on 4/05/09, 6:43 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Tresspassing

The husband has the right to issue a trespass warning against the person. Of course, the wife can rescind the warning and the police will probably say, "Take it to civil court," but the husband can still issue the warning.

Bottom line, the husband just needs to get on with the divorce, get the house sold, and not worry about the new boyfriend.

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Answered on 4/05/09, 10:26 am
David Slater David P. Slater, Esq.

Re: Tresspassing

No, he is there with an owners permission.

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Answered on 4/05/09, 12:44 pm


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