Can I legally remove my wife's nephew out of my house?

[badmoodman]

I am trying to get second opion here. My house has both my name and my wife's name. We are living in Florida and both of us are citizens. My wife's nephew (about 24 years old) came to here last Summer as international student (F1 visa). He has full finance support from the school. The only reason he lives in our home is because my wife told me that he is new here and may need some help. Also she wants live with her relatives. More than a year passed, now he leaves my home at morning and returns my home at night every day. I did not know him before. I really do not like live someone with whom I am not familiar and the situation is getting worse recently. Almost all fights between my wife and me are due to him. I want him move out of the house immediately since he has no reason to stay: he has enough money to support himself. The most important thing is I do not want him stay anymore. But my wife does not want him leave. She would rather divorse me than letting him out. What legal advice anyone can give to me? I am not afraid of divorcing as long as I can get her nephew out of my house. Can I legally remove him out of my house or just ask police to evict him? Your help is greatly appreciated.

 

[stealth2]

WHat is going on that the situation is "getting worse"?

 

[Proserpina]

OP posted this elsewhere - I guess he didn't like the answers.

I'll reiterate though.

Technically, the nephew is a tenant. OP cannot change the locks (well, not without giving the nephew a new key) or forcibly remove him - he can face legal trouble himself if he does so.

 

[Ohiogal]

OP posted this elsewhere - I guess he didn't like the answers.

I'll reiterate though.

Technically, the nephew is a tenant. OP cannot change the locks (well, not without giving the nephew a new key) or forcibly remove him - he can face legal trouble himself if he does so.

And if his wife also owns the house he could have issues evicting the nephew as well. He would need to proceed with a divorce and hope he is granted the house and not his wife.

 

[badmoodman]

Yes I posted the same question in another forum. That's why I said I wanted second opion. Not I do not like the answers I got from other forums.

Thank you for your answer. Why technically he is a tenant? He does not pay a penny.

WHat is going on that the situation is "getting worse"?

 

[badmoodman]

Here is another question I wanted to get second opion. What legal action I can take (if there is any) to get bank report from all my wife's accounts if she refuses to release that to me? I know she has several bank accounts, some of them has my name but some of them do not. Is there any legal way to get all bank accounts under her name? I know all her money are shared with me by law and I do not mind how much money she spent on her or on my kids. But things are getting out of control since her nephew came here. I suspect that she gave money to her nephew or his mother (who has been living here for half year and just left) without letting me know. I asked her to show me monthly transactions of all her bank accounts but she refuses to do so. I am wondering if I can get statement from all her bank accounts by law. By the way, we have several rantal properties. I pay all mortgage and she collects all rental fees. Rentals normally are payed by checks but occationally they are payed by cash.
I was told that FL is not community property state so spouse can have their own accounts to convert property we shared (like rental fee from a rental property that has names of both of us) to individual money?

 

[Proserpina]

Yes I posted the same question in another forum. That's why I said I wanted second opion. Not I do not like the answers I got from other forums.

Thank you for your answer. Why technically he is a tenant? He does not pay a penny.

Because you don't need to be paying rent to be classed as a tenant.

 

[Ohiogal]

Here is another question I wanted to get second opion. What legal action I can take (if there is any) to get bank report from all my wife's accounts if she refuses to release that to me? I know she has several bank accounts, some of them has my name but some of them do not. Is there any legal way to get all bank accounts under her name? I know all her money are shared with me by law and I do not mind how much money she spent on her or on my kids. But things are getting out of control since her nephew came here. I suspect that she gave money to her nephew or his mother (who has been living here for half year and just left) without letting me know. I asked her to show me monthly transactions of all her bank accounts but she refuses to do so. I am wondering if I can get statement from all her bank accounts by law. By the way, we have several rantal properties. I pay all mortgage and she collects all rental fees. Rentals normally are payed by checks but occationally they are payed by cash.
I was told that FL is not community property state so spouse can have their own accounts to convert property we shared (like rental fee from a rental property that has names of both of us) to individual money?

Hire an attorney because there is a lot wrong with what you stated.

 

[Proserpina]

Here is another question I wanted to get second opion. What legal action I can take (if there is any) to get bank report from all my wife's accounts if she refuses to release that to me? I know she has several bank accounts, some of them has my name but some of them do not. Is there any legal way to get all bank accounts under her name? I know all her money are shared with me by law and I do not mind how much money she spent on her or on my kids. But things are getting out of control since her nephew came here. I suspect that she gave money to her nephew or his mother (who has been living here for half year and just left) without letting me know. I asked her to show me monthly transactions of all her bank accounts but she refuses to do so. I am wondering if I can get statement from all her bank accounts by law. By the way, we have several rantal properties. I pay all mortgage and she collects all rental fees. Rentals normally are payed by checks but occationally they are payed by cash.
I was told that FL is not community property state so spouse can have their own accounts to convert property we shared (like rental fee from a rental property that has names of both of us) to individual money?

Those accounts are her business.