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  1. #1
    luisarias is offline Junior Member
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    Red face Evicting a spouse

    What is the name of your state (only U.S. law)? Miami, Florida.

    My sister is filing for a divorce from her husband. She is the sole owner of there house, meaning she is the only one on the mortgage. He doesn't want to leave the home until the divorce is final but he is prolonging the divorce by changing the terms ext. She wants him out as soon as possible. With all that said, can she evict him? And how?
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by luisarias View Post
    What is the name of your state (only U.S. law)? Miami, Florida.

    My sister is filing for a divorce from her husband. She is the sole owner of there house, meaning she is the only one on the mortgage. He doesn't want to leave the home until the divorce is final but he is prolonging the divorce by changing the terms ext. She wants him out as soon as possible. With all that said, can she evict him? And how?
    She needs to file a motion asking for temporary possession of the marital residence. If that is granted, and he doesn't move out, then she can evict him.
  3. #3
    luisarias is offline Junior Member
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    Evicting a spouse

    Quote Originally Posted by LdiJ View Post
    She needs to file a motion asking for temporary possession of the marital residence. If that is granted, and he doesn't move out, then she can evict him.
    But she is the sole owner of the home. And we can go to the circuit court and pick this motion up or do we need a lawyer? Also is there a fee associated with this motion?
    Last edited by luisarias; 01-25-2009 at 09:10 AM.
  4. #4
    JETX is offline Senior Member
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    Quote Originally Posted by luisarias View Post
    She is the sole owner of there house, meaning she is the only one on the mortgage.
    Having a mortgage obligation does NOT prove ownership. The ONLY ownership document is the title. Is hers the only name on the title??

    He doesn't want to leave the home until the divorce is final but he is prolonging the divorce by changing the terms ext. She wants him out as soon as possible. With all that said, can she evict him? And how?
    She needs to get a good divorce attorney.
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by luisarias View Post
    But she is the sole owner of the home. And we can go to the circuit court and pick this motion up or do we need a lawyer? Also is there a fee associated with this motion?
    It doesn't matter that she is the sole owner of the home. It is still the marital residence. They may or may not have a specific form for that. However, she can make her own motion. She doesn't have to use a form, she just has to format it properly.
  6. #6
    luisarias is offline Junior Member
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    Quote Originally Posted by JETX View Post
    Having a mortgage obligation does NOT prove ownership. The ONLY ownership document is the title. Is hers the only name on the title??


    She needs to get a good divorce attorney.
    Yes she is the only one on the title. They both had an attorney and an agreement but then he changed his mind not once but 3 times now. We feel that he is just prolonging the divorce to stay in the home. She just wants to start some procedure to get him out of the home.
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by luisarias View Post
    Yes she is the only one on the title. They both had an attorney and an agreement but then he changed his mind not once but 3 times now. We feel that he is just prolonging the divorce to stay in the home. She just wants to start some procedure to get him out of the home.
    Your question was answered in the first reply to your post...

    ETA: Tell her to ask the attorney about it.
  8. #8
    luisarias is offline Junior Member
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    Evicting a spouse

    Quote Originally Posted by LdiJ View Post
    It doesn't matter that she is the sole owner of the home. It is still the marital residence. They may or may not have a specific form for that. However, she can make her own motion. She doesn't have to use a form, she just has to format it properly.
    Excuse my ignorance but formatting? And do we just take it to the circuit court and hand it to someone or do we just have a lawyer write one up for us?
  9. #9
    JETX is offline Senior Member
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    Quote Originally Posted by luisarias View Post
    She just wants to start some procedure to get him out of the home.
    No problem. That 'procedure' is called DIVORCE.
  10. #10
    luisarias is offline Junior Member
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    Evicting a spouse

    Quote Originally Posted by Zigner View Post
    Your question was answered in the first reply to your post...

    ETA: Tell her to ask the attorney about it.
    Ok thanks to everyone for your help.

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