Florida
Lost story short, in the midst of ongoing divorce litigation and the ex obtained exclusive use of the marital home. We own it together, I’m listed on the mortgage first, I’m ordered to pay 100% of the mortgage. Shortly after having me removed she allowed a family of three to also move in. Upon learning of this I immediately emailed my disapproval (we have a minor child in the home). She responded it was only temporary. My understanding is that since she has possession she can authorize transient occupants with little recourse on my end.
However, that was 18 months ago. The tenants have long outlived any transiency. Though the ex has sworn that they do not pay rent, I believe she is getting paid under the table by the occupants. Whether or not they pay rent, it would appear they are tenants none the less because of the length of time living there, they occupy multiple rooms, they receive mail there, etc.
If they are no longer considered transient occupants, and can legally be construed as tenants, would it not require my authorization as a landlord/co-owner for them to live there? How can I have them removed? Can I pursue retro-active rent payments if they are not paying rent?
Lost story short, in the midst of ongoing divorce litigation and the ex obtained exclusive use of the marital home. We own it together, I’m listed on the mortgage first, I’m ordered to pay 100% of the mortgage. Shortly after having me removed she allowed a family of three to also move in. Upon learning of this I immediately emailed my disapproval (we have a minor child in the home). She responded it was only temporary. My understanding is that since she has possession she can authorize transient occupants with little recourse on my end.
However, that was 18 months ago. The tenants have long outlived any transiency. Though the ex has sworn that they do not pay rent, I believe she is getting paid under the table by the occupants. Whether or not they pay rent, it would appear they are tenants none the less because of the length of time living there, they occupy multiple rooms, they receive mail there, etc.
If they are no longer considered transient occupants, and can legally be construed as tenants, would it not require my authorization as a landlord/co-owner for them to live there? How can I have them removed? Can I pursue retro-active rent payments if they are not paying rent?