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Lovingsurrender · May 23, 2010, 12:05 PM

My husband and I are separated. I moved out of our house which was under construction from one end to the other, in April of 08 to get away from him. The kids didn't want to be with him either and moved with me. I now live in 1300 sf with three kids and he had the 4000 square foot house. He was glad to see me leave and immediately made an agreement with his sister, bro in law and their FIVE kids to move into MY house without even asking me about it! They have no lease... they moved in and helped "finish" it so they could live there. They abandoned their old house to foreclosure to do this. I have hated them taking over my house and now they are pushing even my husband out of his own home. He and I have agreed to disagree and I said I want my house back. It costs about $2800 a month for me to live away with the kids and I have told him we need to share that house WE own and consolidate our money to survive. Husband said he doesn't know how to get out of the "mess" he created by bringing them and all their crap... into my home. How do I get his family members... who have disallowed me any entry to the house while they are there unless I am ACCOMPANIED by my ex... OUT OF MY HOUSE?

JudyKayTee · May 23, 2010, 12:07 PM

Who lives where should have been covered in your Separation Agreement.

However - you need to evict these people. You don't need any particular reason in MOST (not all) States. Wanting them out so YOU can move back in is reason enough.

I would be prepared for them to bring an action (probably in Small Claims Court) for money they claim they put into the house, expecting to stay there. A lot of who wins will depend on who is most credible, what makes the most sense to a Judge.

They are tenants. Unless it's an emergency OR you have a specific written agreement they do not have to let you into "your" house - it has become legally "their residence" by virtue of them living there.

So start eviction proceedings according to your State Law.

Fr_Chuck · May 23, 2010, 12:51 PM

Of course if the hubby ( ex) is still owner of the home, name on the deed, he can let anyone he wants live there also.

So first
1. who is on the deed as owning the home

2.what type of legal separation agreement do you have and is ownership of the houses covered in it.

ballengerb1 · May 23, 2010, 01:51 PM

Great questions fron Fr, we need to know if there is an agreement of separation and who is on the deed. If, like most families, its you and your hubby you both have to agree to evict.

Lovingsurrender · Jun 2, 2010, 05:55 PM

There is no separation in Florida. We are simply living apart. We are 50/50 on the deed. Mutually and equally owned. From what I have read in Florida law, he cannot rent the property, sell the property or refinance the property without my signature as well. I was never consulted about any of this. He simply did what he wanted to with it and still does. He said they have a "lease" but how can it even be a legal document if he can't legally "rent" in the first place? Im not allowed on the property because my religion is different than theirs and I am shunned. Nice... take over MY house and then treat me like crap. Even more reason I want them the hell out of there.

Fr_Chuck · Jun 2, 2010, 07:16 PM

The fact is they are there, and normally you can't evict someone your joint owner has allowed to live there.

You can consider sueing him for 1/2 of the rent he is getting.

You need to clear up the separation either with a formal agreement in writing or file for divorce