Can my husband evict me and his minor stepchild in the state of Florida?

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Originally Posted by ihatehim

Can my husband evict me and his minor stepchild in the state of florida?

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In a nutshell - no. Matrimonial/family court has precedent over landlord/tenant court.

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.

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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.

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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.

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.

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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.

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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.

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)