Can I request a person not be allowed on a property that I own?

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Can I request a person not be allowed on a property that I own?

My wife and I are getting divorced. The property will remain in my name. Her current boyfriend is a multi-convicted felon, including theft and possession/manufacturing of narcotics. If something happened with them I am afraid that he could damage my property. Can I write a request that he does not come on the property and if he does can I file a trespass against him?

Asked on August 3, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Once the property is solely in your name AND your wife is not living there anymore, you can stop him from coming on, and have him charged if he does. Unfortunately:
1) If the property is currently in both your names, your wife, as co-owner, may have anyone she wants on the property.
2) Until a court orders that she cannot come to the property or she agrees to no longer live there, as your spouse--so until the divorce is final--you cannot block her from entering onto or residing at marital proptery; and if she is allowed to be there, she can have guests.
So you cannot exclude him until she no longer has the right to reside at the property and also no longer owns it.


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