If I breaking up with my partner of 15 years and he moved into my home, how do I get him out since he refuses to leave?

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If I breaking up with my partner of 15 years and he moved into my home, how do I get him out since he refuses to leave?

Mine is the only name only on the mortgage. We also have a 10 year old daughter. If I leave temporarily can he get me for abandonment of my house and my daughter? We were never married.

Asked on March 28, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  I would consult with an attorney in your area as soon as you can.  You may have to legally evict him from the home if you can even term his residency a "tenancy."   If he paid for half of the mortgage or the upkeep, etc., this may become a nasty fight.  But because you were never married then you should come out ok.  You still do, though, have to determine custody and visitation of your daughter,  But do not leave the house.  Unless it is dangerous and then take your daughter with you.  Good luck.


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