Can I evict my husband?

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Can I evict my husband?

My husband asked me for a divorce. He has
made it clear he is moving out but hasnt yet.
Hes eating my food and taking advantage.
This house was a gift given to me specifically
way before we got married. Do I have a right to
evict him?

Asked on July 10, 2019 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Regardless of whose name that the house is in or the fact that it was given to you before you married, it remains that "joint marital residence". This means that until a final decree of divorce is granted or a formal separation agreement it entered into, you both have equal rights to occupy the house. This doesn't mean that you won't be awarded the house in the divorce, just that but until then your husband can stay there.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Regardless of whose name that the house is in or the fact that it was given to you before you married, it remains that "joint marital residence". This means that until a final decree of divorce is granted or a formal separation agreement it entered into, you both have equal rights to occupy the house. This doesn't mean that you won't be awarded the house in the divorce, just that but until then your husband can stay there.


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