my rights

My wife abandoned the property
about 10 months ago, does she
still have rights to the place
even though she left without
warning. She has come back on
several occasions and broke in and
took things.

Asked on June 5, 2016 under Family Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Is there a formal separation agreement in place which establishes who has the right to occupy the prmeises? Has a final decree of divorce been issued which gives the rights to possession of the premises tp one of you? If not, then the house/apartment is still considered to be the "joint marital residence". This means that you both have the right to stay on the premises regardless of whose name the deed/lease is in. In fact, you could potentially be in trouble for locking your spouse out. At this point you should consult with a divorce attorney if you have not already done so; they can best advise you further.

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