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  1. #1
    phelp is offline Junior Member
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    Evicting spouse from home.

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

    I want to proceed with divorcing my spouse however, my understanding is as long as there is no physcial abuse I cannot make him move out until the divorce is final. My question is: My father and I are on the note and title of the house, my husband and mother signed only as "spouse". He pays some of the house bills but I pay the 1st and 2nd liens on the property. Can I have him evicted?
  2. #2
    mistoffolees is offline Senior Member
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    Quote Originally Posted by phelp View Post
    What is the name of your state (only U.S. law)? Florida

    I want to proceed with divorcing my spouse however, my understanding is as long as there is no physcial abuse I cannot make him move out until the divorce is final. My question is: My father and I are on the note and title of the house, my husband and mother signed only as "spouse". He pays some of the house bills but I pay the 1st and 2nd liens on the property. Can I have him evicted?
    Probably not. Since the house is the marital home, he's entitled to live there as long as he's married to you.
  3. #3
    Ohiogal is offline Senior Member
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    I typed a response and apparently it disappeared into the ether. I will say that you cannot evict your spouse. If you want to retain sole possession of the home UNTIL a final divorce decree then you need temporary orders in order to get him removed from the house. NOT an eviction. Oh and hubby will be entitled to a portion of the equity that accrued during the marriage.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
    phelp is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    I typed a response and apparently it disappeared into the ether. I will say that you cannot evict your spouse. If you want to retain sole possession of the home UNTIL a final divorce decree then you need temporary orders in order to get him removed from the house. NOT an eviction. Oh and hubby will be entitled to a portion of the equity that accrued during the marriage.
    I am aware that if and when i sell the home he would get his portion of the equity. But if the house is sold and due to the current real estate market we owe at the closing is he also responsible for his portion of the difference due? More importantly, what needs to be done to get the temporary order to get him removed from the home?
    Last edited by phelp; 08-05-2008 at 10:10 AM.
  5. #5
    Silverplum is offline Senior Member
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    Quote Originally Posted by phelp View Post
    I am aware that if and when i sell the home he would get his portion of the equity. But if the house is sold and due to the current real estate market we owe at the closing is he also responsible for his portion of the difference due?
    Misconception you have is bolded. It's not a matter of "if and when," it's a matter of this:

    In divorce, you will divide the assets and the debts. If you decide you want to keep the house, be prepared to buy his share from him. That can be accomplished by taking on more debt, or other ways.

    You need to do a lot of reading on the topic for your state only.
  6. #6
    LdiJ is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    Misconception you have is bolded. It's not a matter of "if and when," it's a matter of this:

    In divorce, you will divide the assets and the debts. If you decide you want to keep the house, be prepared to buy his share from him. That can be accomplished by taking on more debt, or other ways.

    You need to do a lot of reading on the topic for your state only.
    She did note that there was a possibility that they would owe at closing...which indicates that there may be little to no equity in the property. Its important that she realize that its only his share of the equity (if any) that has to be bought out.
  7. #7
    Ohiogal is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    She did note that there was a possibility that they would owe at closing...which indicates that there may be little to no equity in the property. Its important that she realize that its only his share of the equity (if any) that has to be bought out.
    Which makes it sound as though the house is on the market. IS the house for sale OP? If not, then you will end up having the home appraised and then determining what amount of equity accrued during the marriage. Divide the equity by half and then by half again -- he would be allowed 1/4.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  8. #8
    phelp is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    Which makes it sound as though the house is on the market. IS the house for sale OP? If not, then you will end up having the home appraised and then determining what amount of equity accrued during the marriage. Divide the equity by half and then by half again -- he would be allowed 1/4.
    the home is not for sale and we are upside down about $77,000. What I really would like to know is there a way i can make him move out before divorce is final? Since the mortgage and 2nd lien are only in my father and my name I will make sure to continue to make the payments so not to ruin either of our good credits. My sister can move in and help with the house payments, I would not need by husband to help pay with the house debts.
  9. #9
    Silverplum is offline Senior Member
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    Quote Originally Posted by phelp View Post
    the home is not for sale and we are upside down about $77,000. What I really would like to know is there a way i can make him move out before divorce is final? Since the mortgage and 2nd lien are only in my father and my name I will make sure to continue to make the payments so not to ruin either of our good credits. My sister can move in and help with the house payments, I would not need by husband to help pay with the house debts.
    Blech.

    I have far better things to do.
  10. #10
    Ohiogal is offline Senior Member
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    Quote Originally Posted by phelp View Post
    the home is not for sale and we are upside down about $77,000. What I really would like to know is there a way i can make him move out before divorce is final? Since the mortgage and 2nd lien are only in my father and my name I will make sure to continue to make the payments so not to ruin either of our good credits. My sister can move in and help with the house payments, I would not need by husband to help pay with the house debts.
    And you were answered. You request in your divorce filing temporary orders giving you temporary sole possession of the marital home.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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