Legal Question in Real Estate Law in Florida

My husband and I divorced in March 2010. Our home was in foreclosure for over a year at that time.

I have been living in the house since he left in September 2008. Our divorce settlement says that we have agreed to let the house go into foreclosure, he doesnt want the house, and I would continue living there. Last week, he served me papers saying I am trespassing on his property. He says I am living in a house that he owns and I don't have a rental agreement or a lease and he wants me and my children to leave. Can he evict me? I am a co-borrower but I signed a quick claim deed in Dec 2008 when he "tricked me"


Asked on 5/02/10, 1:38 am

1 Answer from Attorneys
Lesly Longa Longa Law P.A.

No one can answer this without reviewing title to the property or seeing whether the conveyance you mentioned from 2008 is valid. Typically a married couple own the property as husband and wife (tenancy by the entirety), which means that it cannot be bought or sold without both signatures. It is also your homestead under Florida law. If he tries to evict you, you can go to court to fight it. If you had an attorney assist you with the settlement agreement, then you may want to contact that attorney as it doesn't seem as though your husband was claiming sole ownership at that time. Regards,

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Answered on 5/10/10, 8:40 am


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