[cindyjack]

My husband and I separated about 18 months ago. I moved into a rental home with my children (not his) and he is not on the lease. We reunited about 10 months ago and he moved in. I have since reconsidered and will be filing for divorce. He claims that I cannot make him leave the home, and that because we live in Florida he can claim "squatters rights" and stay for 90 days. Is this correct?

[smoothy]

THere is no such thing as squaters rights... Not in Florida.. not anyplace else...

You are in effect sublettign a place YOU have a lease on... you are technically his landlord, he is in a month to month lease and you can evict him... because you are in Florida... the notification period is 15 days... give it to him in writing... and in 15 days go to court to have the eviction enforced... the SHerrifs will physically remove him and his stuff.

If before then he gets abusive or threatens you or your kids in any way... call the police immediately they will remove him... but still proceed with the eviction.

DO file for Divorce ASAP... the fact you remain married actually makes your case much harder for you... as your husband he can make the claim it's the family home... and that is a far different thing than claiming squatters rights...

[AK lawyer]

While "squatters rights" may exist as "adverse possession", that is not even close to what's going on here.

I wrote an answer earlier today here which addresses the myth that if, in Florida, someone "establishes residence", even without an agreement to pay rent, one has to give them 15 days notice, and then file suit to evict.

Let's just say I don't believe it's so.