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    ihatehim's Avatar
    ihatehim Posts: 2, Reputation: 1
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    #1

    Aug 15, 2008, 03:34 PM
    Can my husband evict a wife from his home in the state of Florida
    Can my husband evict me and his minor stepchild in the state of Florida?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 15, 2008, 03:46 PM
    Quote Originally Posted by ihatehim
    Can my husband evict me and his minor stepchild in the state of florida?

    In a nutshell - no. Matrimonial/family court has precedent over landlord/tenant court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 15, 2008, 07:03 PM
    While he may get you evicted in divorce court, if they award him the place to live, he will have to go though the court to do it legally.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 16, 2008, 05:57 AM
    Quote Originally Posted by Fr_Chuck
    While he may get you evicted in divorce court, if they award him the place to live, he will have to go though the court to do it legally.

    Right, and in NYS at least that is not considered an eviction, it's an award of residence. At least in NYS you cannot evict a spouse without a proceeding in Supreme Court (a matrimonial action) or, of course, a restraining order followed by eviction.
    ihatehim's Avatar
    ihatehim Posts: 2, Reputation: 1
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    #5

    Aug 16, 2008, 06:34 AM
    Thank you every one for your input. But forgot to mention that he bought the house weeks before we married. The house is not in my name.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 16, 2008, 07:29 AM
    Quote Originally Posted by ihatehim
    Thank you every one for your input. But forgot to mention that he bought the house weeks before we married. The house is not in my name.

    Doesn't matter - it's the marital residence (at least in NYS). You need to consult with an Attorney. If your husband locks you out then you'll be arguing to be let back in. Better to be armed with the law in advance.
    hurtandupset's Avatar
    hurtandupset Posts: 1, Reputation: 1
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    #7

    Nov 28, 2011, 03:47 AM
    So if a wife & daughter lives with a husband and the house is in his name... he CANNOT evict or kick the wife and daughter out? (in Florida)
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