Can I make my spouse move out of my house?

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Can I make my spouse move out of my house?

My spouse and I are separated and the mortgage to our home is in my name only, her

name is in the deed. She is refusing to pay any monies towards the payment, fighting in front of the children and refuses to leave. Can I force her to move?

Asked on December 23, 2016 under Family Law, Florida

Answers:

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

Answered 7 years ago | Contributor

Until you have entered into a formal separation agreement or a final decree of divorce has been issued, the house remains the "joint marital residence". This is true regardless of whose name is on either the deed or the mortgage. What this means is that both you and your wife have equal rights to occupy it. Bottom line, as things stand now, you cannot make her move out. If you do, you can face legal consequences. At this point, you should consult directly with a local divorce attorney.


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