Filing for divorce is rarely easy. It is an emotional process, financial process, and the process of decoupling a life that was built for two people. What happens, though, when one more layer of stress is added to the mix? It is a reality that many couples in Florida face when divorcing and one spouse refuses to leave the house. This is a question that is quite popular among people: Can you evict your spouse in Florida?
This can be a rather uncomfortable position that may leave you feeling angry, lost, and even unsafe. You may ask: Why does he not just leave? How is the law in Florida on this matter? How can I do this without having more arguments?
This blog post is going to try and provide answers to those questions. We will look at why a spouse may not want to leave for the house, the laws regarding divorce in Florida, and what you can do to try and make this work. Whether you are still thinking of getting married or are already in the process of getting divorced, it is important to know your rights and options so that you can at least feel like you are in control of the situation to some extent.
In this article, we will be looking at why your spouse may not want to move out of the house.
There are several reasons why a spouse might be hesitant to move out during a divorce:
- Vindictiveness: In some cases, a spouse may refuse to leave the country as a way of showing frustration or power.
- Financial Strain: Moving is not only expensive and your spouse may not have enough money to get another place to live.
- Denial: It is quite possible that they just do not want to acknowledge the fact of the divorce and think that it is possible to get back together.
- Property Concerns: Your spouse may worry about losing his or her right to the home and his or her share of the marital assets.
- Proximity to Children: One of the most common reasons is that a spouse may want to stay close to the children to provide them with stability.
- Work Arrangements: If your spouse works from home, they may not want to mess with their work space.
Can You Evict Your Spouse in Florida?
The laws of Florida do not permit the courts to order a spouse to leave the marital home solely because one of the spouses has filed for divorce. However, there are two main exceptions:
- Separate Property: Where the home is shown to be the separate property of one of the spouses before marriage, the other spouse may be ordered to move out.
- Domestic Violence: If you can prove that there has been domestic violence, then the court can issue a restraining order that kicks your spouse out of the house.
Moving Out Does Not Mean You Are Waiving Your Rights To The Property
It is important to note that simply leaving the marital home will not automatically prevent your spouse from claiming the property. The sharing of marital properties in Florida is known as equitable distribution. You may be entitled to a claim of the home even if you did not pay for it and were not on the title deed.
Compiling Evidence of Investment.
In order to safeguard your interests, compile evidence of your participation in the marital home. This could include:
- Receipts or mortgage statements that demonstrate the funds you have invested
- Proof of home renovations you paid for or had done
- Bank statements that show the funds used towards the purchase of the property.
It is always better to agree than to fight.
In any case, it is advisable to attempt to reach a temporary agreement with your spouse for who should stay in the house during the divorce process. This can help to reduce tension and make for a more amicable split.
Legal Strategies When Your Spouse Refuses to Leave the House
We appreciate the additional pressure that a spouse’s decision to stay in the marital home can cause during what is already a stressful process of divorcing. Here, we will discuss the legal ways that you can get a court order for them to leave, the financial implications of it, and how to handle a situation where two people are living in the same house.
Obtaining a Court Order for Your Spouse to Leave:
50% of the time, Florida law treats both spouses equally during the separation period. But there are circumstances in which you can apply for a court order for your spouse to leave the marital home. Here are two main legal processes to explore:
- Domestic Violence Injunction: If you have been the victim of domestic violence, then a restraining order may be the best solution. This legal document stops your spouse from contacting or meeting you at the residence, making them leave the house. Abuse has to be proved, so it is advisable to seek the advice of an attorney in order to build a good case.
- Motion for Exclusive Use of the Marital Home: This is because if there is no domestic violence, you can apply for exclusive use of the marital home. This entails proving special reasons why you should stay in the residence, for instance, safety, minor children whom you take care of, or your spouse’s capacity to find another place to live.
Temporary Spousal and Child Support:
If the court tells your spouse to leave the marital home, this may change the financial situation. The state of Florida has provisions that protect both parties and your spouse may be entitled to temporary spousal support from you especially if he or she was dependent on you. Also, child support payments can be changed based on the new living conditions.
A veteran lawyer can assist you with predicting and dealing with these possible changes in financial support. If you need experienced legal guidance tailored to your unique divorce situation, consulting with a family law attorney in FortLauderdale can help you understand your rights and navigate complex property division matters. The Marital Home as a Tool in Negotiations While it is an inconvenience to have your spouse living in the house while the divorce is ongoing, it can also be advantageous during the divorce proceedings.
It is quite possible to negotiate for exclusive occupancy of the property in exchange for the opponent’s retirement accounts or investment properties. There is a lot that your legal representative can do to help you figure out the value of the marital home and how it can be used to get a fair divorce settlement.
Staying with Your Spouse While Separated:
If it is impossible to avoid living with your spouse, you should try to set some rules and timetables to prevent the conflict from escalating. Recommendations include different bedrooms, different times for preparing food, and different parts of the house that are off limits. If the two of you write down these suggestions, then at least there will be some order and they can be used as proof in case of future disagreements.