Going through a divorce is never easy, but it can be especially difficult if your spouse refuses to move out of the marital home in Florida. Even though you may have already decided to separate from your spouse, they may dig their heels in and insist on staying in the home you previously shared. This can make an already challenging time feel impossible.
If your spouse doesn’t leave the house, you may be wondering if you can force your spouse to move out during the divorce process. Here’s what you need to know about getting your husband or wife to vacate the premises so you can move on with your life after making the decision to divorce from bed and board.
Can You Force Your Spouse to Leave the Home?
The simple answer is no; you cannot force your spouse to leave the marital home in Florida without a court order. However, there are certain circumstances where one spouse may be forced to leave. For instance, if there’s a court order granting exclusive use of the home to one spouse, the other spouse must vacate. If your spouse won’t leave voluntarily and your safety is at risk, you can call the police, but a hearing must be held to get such a court order.
When Can You Legally Force Your Spouse to Leave the House in Florida?
In most cases, you cannot force your spouse to move out of the marital home unless you can prove one of two conditions:
You Are the Sole Owner
If the house is in your name only and is considered your separate property, you may be able to require your spouse to leave. However, if you purchased the home during your marriage, even if it’s only in your name, your spouse may still have a claim for their share of the asset.
It’s best to consult with a family law attorney to understand how property division works in Florida and if you have the right to evict your spouse. Don’t change the locks or throw your spouse’s belongings out without a court order, as this could be considered illegal eviction.
You’ve Experienced Domestic Abuse
If your spouse is engaging in abusive behavior toward you or your children, you may be able to get a court order for their removal from the home. This would require filing a petition and proving to a judge that your safety is at risk if your spouse remains in the house.
A skilled divorce lawyer can help guide you through this process and represent you in court. Don’t wait if your spouse is putting you or your kids in harm’s way.
How to Get Your Spouse to Leave Without Going to Court
Even if you can’t legally force your spouse to move out right away, here are some tips for getting them to vacate voluntarily:
- Offer a cash payout. Propose giving your spouse a lump sum of money if they agree to leave the house quickly and smoothly. This might motivate them to cooperate.
- Suggest alternating time in the house. Come up with a shared schedule where you switch off living in the home every week or a few days. This reduces conflict while allowing both spouses time with the kids.
- Help them find another place. Offer to help your spouse look for a new apartment, research prices, schedule viewings, etc. The easier you make it for them to relocate, the more likely they’ll go.
- Use mediation. Hire a divorce mediator to facilitate discussions about dividing property, including who gets the house. Having a neutral third party may help you compromise.
- Consult an attorney. Have a divorce lawyer send a letter formally asking your spouse to vacate. Hearing it from a legal authority could persuade them it’s in their best interest to leave.
If all else fails, you may have to go to court to settle the matter. However avoiding litigation can help reduce costs, stress, and conflict for everyone involved.
How Florida Courts Decide Who Gets to Stay in the Marital Home
If your spouse refuses to move out and you can’t come to an agreement, you may have to go to court and let a judge determine possession of the marital residence. Florida judges consider several factors when deciding who gets to stay in the home during and after a divorce:
Custody of the Children
If the house has been the primary residence of your minor children, courts will generally allow the parent with primary custody to remain in the home with the kids. This causes the least disruption to the children’s lives.
Financial Circumstances
The judge will evaluate each spouse’s income, assets, debts, and ability to obtain housing elsewhere. If one spouse is clearly better equipped financially to relocate, the court may order that spouse to move out.
Title Ownership and Contributions
Even if the house is titled in one spouse’s name, the court may grant possession to the other spouse if they made mortgage payments or contributed to repairs and improvements. Courts divide marital property equitably, not necessarily equally.
History of Domestic Violence
If one spouse has committed domestic abuse, the victimized spouse will typically get exclusive use of the home. Their safety and the children’s safety take priority.
Duration of Marriage
In long-term marriages, judges are more inclined to grant exclusive use of the marital home to the spouse who seems most dependent or disadvantaged by the divorce.
In the end, Florida judges make possession decisions on a case-by-case basis. There’s no guarantee who gets the house. Working cooperatively with your spouse and attorneys to negotiate an out-of-court settlement can often achieve the best outcome.
Protecting Your Rights and Assets During the Divorce
While trying to get your spouse to move out of the marital home, be sure to take steps to safeguard your legal rights and financial interests:
- Document valuable household items. Take photos/videos and create an inventory of possessions your spouse could potentially damage or steal.
- Open separate bank accounts. Set up accounts in your name only and transfer your paychecks and individual savings there. Cancel any joint credit cards.
- Change online account passwords. Update passwords on your email, social media, and other online accounts to prevent unauthorized access.
- Consult a divorce lawyer. An experienced family law attorney can advise you on your options and ensure you get a fair division of assets.
- Do not leave the home yourself. Moving out could negatively impact your custody case and property division rights. Don’t voluntarily vacate the premises.
- Get an appraisal. Have the marital home professionally appraised so you know its current market value before negotiations.
- Remain civil. As difficult as this time is, avoid heated arguments and maintain civility, especially around your children.
Ending your marriage under the same roof as your soon-to-be ex-spouse isn’t easy. However, being proactive and working with professionals can help you reach a fair outcome. With some effort, you’ll be back on steady ground and moving forward after your divorce.
When to Call a Divorce Law Firm for Help
If your spouse flat-out refuses to leave the marital residence, don’t hesitate to call an experienced divorce law firm for advice and representation. An attorney can explain your options and then act on your behalf in negotiations and court proceedings.
Some common signs it’s time to hire a lawyer include:
- Your spouse changed the home’s locks or damaged your belongings
- You feel unsafe, threatened, or experience abuse from your spouse
- Your spouse secretly removed funds from joint accounts
- Negotiations have completely stalled
- Your rights aren’t being protected
Going through the court system can be draining, but sometimes, it’s the only path forward to resolve a dispute. A skilled divorce attorney will handle the process for you while vigorously fighting for your best interests.
Let Vasquez de Lara Law Group Help Settle Your Case
Navigating a contested divorce in Florida is challenging, but you don’t have to do it alone. The compassionate and knowledgeable attorneys at Vasquez de Lara Law Group in Miami can help. Whether negotiating an out-of-court settlement or litigating to trial, they have the experience to successfully represent you.
