What to do if my spouse’s adult children reside in my home and I want them out?

I purchased home prior to marriage. My spouse has been arrested for domestic violence against me in the past. She moved her adult children into home. I have no rental agreement nor have Ievery received a dime from these adult children. I can get spouse removed but how do I make these kids go at the same time. I am divorcing my spouse and once she is served I maybe injured. Her children have become verbally aggressive towards me and I have only been married 18 months. My spouse cleaned out all accounts and ran up a 60k debit on my joint credi card accounts. I am mentally abused by them all daily. I am 61 and I know I have been scammed. My nerves are shot and I am physically unable to fend off an attack. I can get spouse removed by filing DV paperwork but the children will allow spouse to return when I am at work.

Asked on January 1, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

From a property law point of view, you can only remove them once your spouse is no longer legally able to live there--i.e. you need to deal with the marital situation first. That is because anyone who may legally live someplace may have guests: as long as your wife has the right to reside in the home, she may have her children live with her.
If and when your spouse no longer resides there, then you can remove them: guests may not stay once the only person(s) who have legal possession of a home want them gone. If they don't go voluntarily at that point, you could bring a legal action commonly called "ejectment" (your state may have a different term for it) to remove them. A landlord-tenant lawyer should know how to file this action and you are advised to let such a lawyer help you: it can be a "technical" action in that a minor paperwork or procedural mistake can force you to start over.
If you are threatened or assaulted, you may be able to get a protective or restraining order against them that will effectively require the to leave. If they uttered any threats, file a police report and ask the PD about the process for filing for a protective order--they can likely give you instructions or directions that will let you do this yourself (or point you to an agency or service that can help).


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