Legal Question in Landlord & Tenant Law in Florida

Re: eviction from marital home

The following is not legal advice and does not create an attorney/client relationship.

You may not evict an owner from his property regardless of any "renter's" agreement; having said that, if your marital settlement agreement gave you the right to live in the home, you could enforce that agreement and get the person removed.

At some point in time, you will need to file a partition action to have the person removed from title, and you will need to consult with an attorney to do this. Do it sooner rather than later; it costs more and gets more difficult the longer you wait. You can contact me at weidnerlaw@yahoo for more information.

Re: eviction from marital home

The home should have been divided in your divorce. If it wasn't you need to file for partition not eviction. A partition divides the property between the owners. He would be considered an owner because he is on the deed. It doesn't matter that he is not on the mortgage.

Re: eviction from marital home

No-since you both owned the property it doesn't make any difference who signed a mortgage. Are you planning on getting divorced? If so they property would be divided in the divorce case. If not you would have to file a petition action which requests that the court order the sale the property. These issues are complex so if you want to speak with me send me an e-mail with a phone number and a good time to call you to discuss this further.