If my ex-husband has been living in the mutual residence until it sells but just got a roommate, can he do that?

On mediation I made sure that it said that the house is for sale and that he can stay in it until we sell it. It also says that it is exclusively for his and the kid use. Today I was dropping them off to their dad and I saw a guy and a dog that must be over 100 lbs. inside my house. He said he is his roommate. What are my legal options? Can I call the police?

Asked on April 26, 2016 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you don't call the police. They will not get involved in a matter like this.
If the final agreement (such as agreement you entered into after mediation) or decree/order in the divorce states that it is only for his and the child's use and he is now in breach of it by having a roommate, you can file a motion in your divorce case to enforce the agreement or decree: the court can order the roommate to leave and/or assess some damages (monetary penalty) against your ex-husband.
If the above never actually made it into the final agreement, decree, or order, however, but was merely something the two of you discussed, then he can have his roommate there as long as he remains part or joint owner of the home.

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