If my home is deemed mine after my divorce, how do I get my husband to move out?

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If my home is deemed mine after my divorce, how do I get my husband to move out?

I bought my home before we got married. He refuses to leave and I am currently staying with a friend.

Asked on April 12, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Since you owned the home pre-marriage and the divorce did not give him any occupancy or other right to the home, you have a legal right to remove him. You need to do so through the courts, by filing a legal action traditionally called an action "for ejectment" (your state may have a different name). This is essential "eviction for people who are not rent-paying tenants." A landlord-tenant attorney should know how to file this action--let one help you. The action is not a difficult one to win, but it is "technical" in that a small procedural error forces you to start over; not only will an attorney know how to do this properly, but the lawyer will help "distance" you personally from the action, which is a good thing.


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