can wife evict me?

[slowride66]

What is the name of your state (only U.S. law)?
Florida.
I have been married to a woman for too long now .
5 weeks ago she informs me that its not working & I have to be out by July 1st 2011.

Can she do this?

some grueling background...

I am disabled {with NO INCOME}I have been fighting for my health & Disability for 10 years.
After she plowed thru my savings ,ruined my credit & Threw away her careree along with our health insurance & ME unwilling to play the "Jerry Springer show " with her family she now is giving in to the mothers whims .

The Property is in her name the house who knows {most likely her mothers or her dead father} all I do know is when I did have $$ I spent @ least $20,000 on someone Else's place.

Now I have no where to go no family no Friends that can take me in I will in fact be homeless in 3 weeks & will be living in my truck.

I guess I need a crash course in what I can & can't do .

She also using the story of her mother has had surgery to stay over there {OMG ! its next door what was I thinking ANYWAY} she has been living next door @ mommy's for over 4 months now.

Any Help Please ?

Thanks alot
PS I just want to get out with my sanity & my stuff but I don't have a place to land just yet I pray but ...

Thanks
SR66What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)?
Florida.
I have been married to a woman for too long now .
5 weeks ago she informs me that its not working & I have to be out by July 1st 2011.

Can she do this?

some grueling background...

I am disabled {with NO INCOME}I have been fighting for my health & Disability for 10 years.
After she plowed thru my savings ,ruined my credit & Threw away her careree along with our health insurance & ME unwilling to play the "Jerry Springer show " with her family she now is giving in to the mothers whims .

The Property is in her name the house who knows {most likely her mothers or her dead father} all I do know is when I did have $$ I spent @ least $20,000 on someone Else's place.

Now I have no where to go no family no Friends that can take me in I will in fact be homeless in 3 weeks & will be living in my truck.

I guess I need a crash course in what I can & can't do .

She also using the story of her mother has had surgery to stay over there {OMG ! its next door what was I thinking ANYWAY} she has been living next door @ mommy's for over 4 months now.

Any Help Please ?

Thanks alot
PS I just want to get out with my sanity & my stuff but I don't have a place to land just yet I pray but ...

Thanks
SR66What is the name of your state (only U.S. law)?

Your wife cannot evict you from the marital home, but she can go to court and ask for exclusive use of the marital home, and if that is granted, then you will have to leave.

If the house is in your wife's name, then you might be entitled to a share of any equity that accrued during the marriage. If the house is in someone else's name, then you are a tenant and can be evicted under landlord tenant law.

Its honestly critical that you find out for sure who owns the home.

What is your disability? Are you collecting SSDI or SSI? If so, why not? How much money does your wife earn?

 

[Isis1]

She has no authority to evict you. She will need to file for divorce and request exclusive use of the marital home. At the very least, that should buy you some time.

 

[LdiJ]

She has no authority to evict you. She will need to file for divorce and request exclusive use of the marital home. At the very least, that should buy you some time.

But maybe not much if his wife doesn't own the home. See my response above.

 

[Ohiogal]

Your wife cannot evict you from the marital home, but she can go to court and ask for exclusive use of the marital home, and if that is granted, then you will have to leave.

If the house is in your wife's name, then you might be entitled to a share of any equity that accrued during the marriage. If the house is in someone else's name, then you are a tenant and can be evicted under landlord tenant law.

Its honestly critical that you find out for sure who owns the home.

What is your disability? Are you collecting SSDI or SSI? If so, why not? How much money does your wife earn?

And the landlord would have to EVICT ALL TENANTS including his wife under landlord tenant law. They can't pick and choose.

 

[pipster2u]

in florida most recordings are public record..

go to the county name? property appraiser office to see who owns the home and to see by using her name married and unmarried to see what other homes she has....

DONT GO, DONT LEAVE, LET HER EVICT U.. BE NICE DON'T TOUCH HER OR GET VERBAL- LOVE UR CHILDREN.

I BELIEVE AFTER 10 YRS OF MARRIAGE IN FLORIDA UR IN TITLE TO HALF OF EVERYTHING SHE OWNS..... NOT INCLUDING ANY HOMES SHE INHERITED.. UNLESS SHE USED JOINT MONIES TO PAY THOSE MORTGAGE WITH (U NEED TO CHECK MORE INTO THAT)..

FLORIDA IS A GREAT PLACE TO LIVE AND ALL OUR RECORDS RECORDS ARE ONLINE IN MOST COUNTIES..

GOOD LUCK

 

[Proserpina]

go to the county name? property appraiser office to see who owns the home and to see by using her name married and unmarried to see what other homes she has....

DONT GO, DONT LEAVE, LET HER EVICT U.. BE NICE DON'T TOUCH HER OR GET VERBAL- LOVE UR CHILDREN.

I BELIEVE AFTER 10 YRS OF MARRIAGE IN FLORIDA UR IN TITLE TO HALF OF EVERYTHING SHE OWNS..... NOT INCLUDING ANY HOMES SHE INHERITED.. UNLESS SHE USED JOINT MONIES TO PAY THOSE MORTGAGE WITH (U NEED TO CHECK MORE INTO THAT)..

FLORIDA IS A GREAT PLACE TO LIVE AND ALL OUR RECORDS RECORDS ARE ONLINE IN MOST COUNTIES..

GOOD LUCK

Please don't ever post again.

 

[Ohiogal]

go to the county name? property appraiser office to see who owns the home and to see by using her name married and unmarried to see what other homes she has....

DONT GO, DONT LEAVE, LET HER EVICT U.. BE NICE DON'T TOUCH HER OR GET VERBAL- LOVE UR CHILDREN.

I BELIEVE AFTER 10 YRS OF MARRIAGE IN FLORIDA UR IN TITLE TO HALF OF EVERYTHING SHE OWNS..... NOT INCLUDING ANY HOMES SHE INHERITED.. UNLESS SHE USED JOINT MONIES TO PAY THOSE MORTGAGE WITH (U NEED TO CHECK MORE INTO THAT)..

FLORIDA IS A GREAT PLACE TO LIVE AND ALL OUR RECORDS RECORDS ARE ONLINE IN MOST COUNTIES..

GOOD LUCK

I don't think I can correct EVERYTHING wrong with your post. Seriously.

 

[LdiJ]

And the landlord would have to EVICT ALL TENANTS including his wife under landlord tenant law. They can't pick and choose.

The wife hasn't been living there for the last 4 months. Therefore, if she doesn't own the home, she has already given up her tenancy basically. I also disagree with you in a situation like this one, where there is no lease and never has been. Not only is it possible for the tenants to be individual tenants, but the "landlord" could easily sign a lease with the tenant they don't want to evict, after eviction.

I feel sorry for this guy, but the bottom line is that he is going to have to eventually move out. He can delay the inevitable for a while, but not forever.

 

[Ohiogal]

The wife hasn't been living there for the last 4 months. Therefore, if she doesn't own the home, she has already given up her tenancy basically. I also disagree with you in a situation like this one, where there is no lease and never has been. Not only is it possible for the tenants to be individual tenants, but the "landlord" could easily sign a lease with the tenant they don't want to evict, after eviction.

I feel sorry for this guy, but the bottom line is that he is going to have to eventually move out. He can delay the inevitable for a while, but not forever.

Without a lease they are month to month tenants, therefore they would ALL be evicted. The landlord could sign a lease with who they want to rent to AFTER evicting the person -- that I agree with. HOWEVER, they would still have to evict ALL occupants.

 

[LdiJ]

Without a lease they are month to month tenants, therefore they would ALL be evicted. The landlord could sign a lease with who they want to rent to AFTER evicting the person -- that I agree with. HOWEVER, they would still have to evict ALL occupants.

It is not my intent to be argumentative on this issue. However, for example, many landlords with units close to colleges sign individual leases with roommates (often roommates who don't select each other, the landlord does) and are free to evict just one of the tenants, they are not required to evict all of them.

I have also seen many other multi lease situations over the years in different scenarios. Therefore I still disagree with the automatic assumptions that all tenants have to be evicted in a case where there was never a joint lease signed.

 

[slowride66]

Thanks for the responses.


LdiJ;

My Disability's are as follows from least to most;

1.Severe Bilateral Carpel Tunnel
2.Spinal impairments a ruptured disk in my back & bulging disks in my neck from numerous auto wrecks { not my fault} & work related injuries .
3. Severe Bi Lateral Diabetic Peripheral Nueropathy in feet ,legs Buttocks back arms & neck {all F$@&ing over}Diabetic neuropathy definition - Diabetes Mellitus, Type 2 Diabetes, Type 1, and Metabolic Disorders Treatment and Medications on MedicineNet.com

No I do not receive SSI SSID from the great Goooberment of USA been fighting this for 10 years {worked for 25+}

4. Wife quit good job in management of a fortune 500 company 3 years ago in August she was on the fast track up the corporate ladder & left to take care of her mother.
50+ years old & they still have the umbilical cord attached.

NO CHILDREN! except to indoor cats.

I want to leave I will leave I just don't have the financial recourses to "BOUNCE" as quickly as she wants me to.

I don't want her CHIT I need to get out with mine & regain some sanity.

I have found some places for some of my stuff but not all of it & not for ME.

I might be sleeping in my truck.

Thank you all for your time.

SR66

 

[Ohiogal]

It is not my intent to be argumentative on this issue. However, for example, many landlords with units close to colleges sign individual leases with roommates (often roommates who don't select each other, the landlord does) and are free to evict just one of the tenants, they are not required to evict all of them.

I have also seen many other multi lease situations over the years in different scenarios. Therefore I still disagree with the automatic assumptions that all tenants have to be evicted in a case where there was never a joint lease signed.

They are NOT roommates. They are a MARRIED COUPLE. And that changes things. So therefore ALL TENANTS would have to be evicted IN THIS SITUATION.