Legal Question in Family Law in Florida
My wife and I are currently going through a divorce. Though the papers are not final yet, but she does not live at our house anymore. We have a house in both our names, but I am the one who pays the mortgage. The house will be going to me after the divorce. My question: If I have roommates living there right now, can she come kick them out if she wanted to since her name is still on the mortgage? If so, wouldn't she atleast have to provide them with a 30 days notice if she has that right to evict them? These room mates were granted permission to live here (which they pay me for rent too) by me, so would she have any say in who is to live there and who isn't if we are getting a divorce?
1 Answer from Attorneys
Yes, your wife can "kick out" your roommates as she is on the deed to the home. However, she must use formal eviction procedures which can be lengthy and costly. If she does decide to do this, they will have at least a minimum of 30 days notice before the police actually show up to escort them from the premises if your roommates don't leave on their on accord prior to things getting that far. Keep in mind that if you signed a contract with your roommates, technically your wife should have signed that contract as well as she is one of the homeowners. This one is kind of tricky as you have not been awarded the house as of yet. Nevertheless, if she has moved out, I'm sure your roommates could defend her eviction suit with the defense that she is no longer living there and that you both have reached a settlement agreement as to the home.
If you�d like to schedule a telephone or email legal consultation, please do not hesitate to contact me. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Or you may reach me by telephone at 1-800-408-5818.
The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
