What can I do to remove wife, stepson and company from my residence?

UPDATED: Sep 30, 2022

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What can I do to remove wife, stepson and company from my residence?

My wife is an abusive alcoholic. Sometimes physical but mostly verbal. I have been with her for 12 years throughout the varied levels of alcoholism and the troubles that come with it. I also care for my father who is disabled and also lives with us. Recently her son and his friend moved in with us, ages 19 and 23. Being at this age at one time myself, I understand the want to party and have fun, although it does nothing but feed the addiction my wife has. Now, because I’m trying to put a stop to the constant chaos that goes on every time I have to leave my home, I am teamed up on and outnumbered. They show no respect to me or my elderly father. Cranking up music at all hours, physically fighting, etc. in fact, the police are regularly called to my home for this stuff. Basically these boys are heading down the same path my wife has been on for years. I have reached my limit. I just want everyone out.I want a divorce, but getting my father out, including our belongings will prove to be difficult and I know if I don’t get it all the first trip, all of it will be destroyed by them. My father pays all the bills in lieu of my caregiving. None of the others contribute to our finances, at least not very often or significantly. My wife, my father and myself are on the lease to our home. The boys are not. What can I do to kick all of them out legally? I just want to go back to a more peaceful life and my father doesn’t need to be around this chaos either. All of them act like idiots whenever alcohol is involved. My wife’s family wants virtually nothing to do with any of them based on their years of dealing with their behavior, and they’re literally 1500 miles away therefore they haven’t got any place to go, but that’s not my problem, is it? I’ve been through so much stress, abuse, and troubles over them. I just want out and am willing to do whatever it takes. I have been told several contradicting stories on what I can legally do here. So I’m a bit confused. Can someone please shed a little light on my legal rights and what I can do to get out of this mess?

Asked on February 21, 2016 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) While you are married, you *cannot* remove your wife from the home; one spouse may not remove another from the marital home, especially since she is on the lease (one tenant may not remove his co-tenants).
2) Since she has lawful possession and a right to be there, she has the right to have guests, including her son and his friend. You may not want them there, but she has the right to have them, and you can't remove them over her wishes.
This is a not a landlord-tenant issue; it's family law/divorce issue. You have to end your marriage first before being able to separate from or remove your wife, her son, and his friend.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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