• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Eviction of Spouse

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

edris1958

Junior Member
washington DC

I have been married since Jan 2009, I already had my apt. when my husband moved in within with me he is not on the lease. He does not pay any bills and he threatened me this morning and I am afraid of him. How can I get him out of my apartment?:(
 


mistoffolees

Senior Member
washington DC

I have been married since Jan 2009, I already had my apt. when my husband moved in within with me he is not on the lease. He does not pay any bills and he threatened me this morning and I am afraid of him. How can I get him out of my apartment?:(
Call the police and file a complaint. Then, take that to court to get a restraining order.
 

mistoffolees

Senior Member
do I have to give him a 30 day notice first?
You don't have to give a 30 day notice if your life is in jeopardy and you are filing a complaint.

But perhaps you misunderstood. You can NOT evict a spouse from the marital residence. There are only two ways to get him out:

1. IF (and only if) he is a danger to you, you file a police report and ask for a restraining order. That takes effect as soon as the judge rules on it and your spouse is notified.

2. If he's not a danger to you, then you have to go through the process of filing for divorce and asking for possession of the marital residence (which should be granted since it was your apartment before you were married).

In either case, you can't get him out until there's a ruling from a judge.
 

FLAunt1963

Junior Member
I want to make sure I understand this correctly. In the state of Florida, or any state for that matter, there is no way to evict your spouse? You have to file for a divorce and ask for temporary custody of the house? Even if you live in an apartment complex? If the husband's name is on the lease, what do you do? Is a restraining order the only way to remove this person from the house or I wait for a divorce to become final? He has contributed nothing to the finances of this household. He contributes nothing emotionally to the family except emotional abuse. There is no physical abuse. He refuses to leave though except "with a police escort." He's not helping around the apartment nor will he even watch his own kids while I work to support us. He refuses to get a job. I want him out now, how do I do it?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top