Ending a marriage can be a confusing and emotional time. You may be wondering how dissolution of marriage works and what your rights are. As family law attorneys, one of the most common questions we are asked is "can I kick my spouse out of the house?"
We understand that you no longer want to be living with your spouse; however, in general in the State of Florida, you cannot force your spouse to move out of the house.
As long as both parties have been married and living in the home together, that is the residence of both parties. It does not matter whose name is on the title of the home or on the mortgage.
Further, it is not advisable to change the locks during a time when your spouse is away from the house. If your spouse comes home and gets the police involved, the police will say it is a civil matter, and they will inform you that your spouse has the right to enter because it is their residence too. Understand that it is considered an abuse of the process to involve the police in this way. The family law court will not look favorably on this type of behavior, and there will be negative consequences for such an action.
One caveat to the above is in cases where there is some kind of danger or domestic violence involved. There will have to be a very good reason to be able to evict your spouse from the home you are sharing. Also in cases of domestic violence, if one of the spouses is arrested and taken to jail, he or she will eventually get out and be able to return to the home. Understand that an arrest for domestic violence is not a permanent solution to get your spouse out of the home.
We do not recommend attempting to evict your spouse from the home. It is important to go through the proper procedures to come to an agreement about where the spouses will live during and after divorce. We encourage you to find the right attorney to help guide you through the legal process.
For more information about your rights in divorce, read our articles:
To learn more about your legal rights during your dissolution of marriage case, contact us today online or call (866) 767-4711.
Our team at Draper Law Office understands these cases are important - they can shape the lives of families for years to come, and are often incredibly emotional, and personal. We are here to guide you through the process and provide sounds legal advice.
We proudly serve the greater Central Florida area with offices located in Kissimmee, Orlando, and St. Cloud. We welcome the opportunity to help you settle your divorce terms as quickly and painlessly as possible.