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

    Aug 6, 2014, 08:45 AM
    Married 7yrs ,divorced financial,still together 13yrs can he evict me
    What are my rights to stay in house? My name was never put on the deed. Can I pay to stay , or what are my choices? I'm 69yrs old, live in Florida, Pasco Co.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Aug 6, 2014, 09:10 AM
    If your name is not on the deed... you are a tenant and CAN be evicted. And he only has to give you 15 days notice in Florida. I recommend you start looking for another place today.
    patriciashaw's Avatar
    patriciashaw Posts: 2, Reputation: 1
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    #3

    Aug 6, 2014, 09:37 AM
    Quote Originally Posted by smoothy View Post
    If your name is not on the deed... you are a tenant and CAN be evicted. And he only has to give you 15 days notice in Florida. I recommend you start looking for another place today.
    Just wondering, this was planned this way by both of us for me to stay in the house until a week ago when we had a fight. We have always lived as husband & wife. Does this make a difference?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #4

    Aug 6, 2014, 10:13 AM
    Common Law marriage can' be asserted according to what I read here.


    741.211 Common-law marriages void.—No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.
    History.—s. 1, ch. 67-571.


    http://www.leg.state.fl.us/Statutes/.../0741.211.html


    If it was his property before the marriage, and/or it was his after the divorce decree then he is legally your landlord and as such has standing to evict you. But he has to follow the law and can't simply change the locks tomorrow.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Aug 6, 2014, 10:26 AM
    Quote Originally Posted by smoothy
    ... If it was his property before the marriage, and/or it was his after the divorce decree then he is legally your landlord and as such has standing to evict you. ...
    As Smoothy suggests, if OP was divorced before 1968, and entered into extramarital cohabitation after that divorce but before '68, the parties may possibly be in a common law marriage.

    There is also Florida constitutional provision for a homestead; OP should consider whether that law applies and whether she can take advantage of it. However when the parties were divorced they should have dealt with the property then.

    It is not clear whether
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