Legal Question in Real Estate Law in Florida

Re: Moving back in the house?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

HERE IS MY RESPONSE TO ONE OF YOUR EARLIER QUESTIONS. I STRONGLY BELIEVE THAT IT IS TIME FOR YOU TO ACTUALLY MEET WITH A REAL ESTATE ATTORNEY AND PROVIDE ALL OF YOUR INFORMATION TO OBTAIN ADVICE INSTEAD OF ASKING MULTIPLE QUESTIONS HERE. IT IS NOT FAIR TO OTHER PARTIES WHO WANT THEIR QUESTIONS ANSWERED NOR TO THE ATTORNEYS WHO VOLUNTEER TO ANSWER QUESTIONS PRESENTED.

If the ex-girlfriend has moved all of her belongings out of the residence and moved to another residence, your brother has every right to change the locks on the house. He has a right to privacy and to safeguard his possessions - and those of his new roommates.

The ex may have an ownership right in the residence, but she gives up her right of possession when she vacates ther home. Your brother should consider a suit for partition so that the interests of the parties can be decided by a court of law. He should consult a real estate attorney who can advise him of his legal rights and obligations.

Scott R. Jay, Esq.