Often in cases of infidelity, one spouse will look for ways to evict the other from the home prior to divorce. Unfortunately, if both names are on the deed this is very difficult to accomplish. Florida maintains property laws that hold both parties on the mortgage as owners in whole. Neither you nor your spouse can evict the other from the home because neither are tenants. Both parties have legal rights to reside there until the courts award the spouse possession of the home. However, one spouse may be removed if there are incidents of domestic violence.
If you have been the victim of domestic abuse, a well-timed order of protection will remove your spouse from the home. I say “well-timed” because it should be coordinated in such a way as to offer you the safest possible eviction where the spouse does not feel provoked and engage you violently. That means, coordination with locksmiths and potentially having someone stay with you until things calm down.
Florida’s laws offer protection to all parties. Just because someone wants the other party out of the home does not mean that the person is no longer a homeowner. The other partner will need to be compensated for their share of the home. If you want the home, it will need to be worked out where the other party receives compensation equal to the equity or their share of the profit in a home sale in some form of legal agreement before the court will agree to an eviction. If you have questions regarding how to create an amicable document or arrange for some type of negotiation regarding residency, we would be glad to help.
