Key points about spousal rights to live in a marital home during a Florida divorce:
- Ownership alone doesn’t give one spouse the right to evict the other from the marital home.
- Both spouses typically have the right to remain in the home until a judge issues an order.
- A judge can order the spouse who owns the house to move out during the divorce in certain cases.
When spouses attempt to live under the same roof during a divorce, things can quickly become unbearable. While it’s common for one spouse to want the other to move out during the process, Florida law considers much more than whose name is on the deed.
In this article, we’ll break down what happens when you and your spouse can’t agree on who gets to stay in the home during a divorce. We’ll also cover key questions like whether a home purchased before marriage counts as marital property, what rights each spouse has to sell or remain in the home, and when a judge can order one party to move out.
If you’re facing a dispute over your home in Florida, the experienced Fort Lauderdale divorce attorneys at Shemtov Hillstrom can help protect your property rights and guide you through your legal options. Learn more by scheduling a free consultation.
Is a house owned before marriage marital property in Florida?
Let’s start with the basics. In Florida, a home purchased by one spouse before the marriage is generally considered nonmarital property, meaning it belongs solely to the person who bought it.
However, things can get more complicated if the home was the couple’s primary residence or if both spouses contributed to its upkeep or expenses during the marriage.
For example, if marital funds were used to pay the mortgage or make renovations after the wedding, the non-owning spouse may have a right to a share of the home’s increased value even if their name isn’t on the deed.
In those cases, the court can treat part of the property’s appreciation as marital for purposes of equitable distribution. A Fort Lauderdale property distribution attorney can review your situation and help determine what portion of the home, if any, might be considered marital property.
Can I make my spouse leave if I own the house?
Not without a court order. When a house is considered the marital home, both spouses have certain rights to it, regardless of whose name is on the deed.
This means that simply owning the house does not give you the unilateral right to evict your spouse. Both parties may have a legal right to remain in the home until a judge issues an order stating otherwise.
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Can you force your spouse to leave the marital home in Florida?
Whether you can require your spouse to leave a Florida house depends on legal decisions made during the divorce process.
Living arrangements and ownership during divorce proceedings can be complicated, especially if one party doesn’t want a divorce, there are safety concerns, or there’s a dispute over child custody.
In some cases, a judge may issue an order granting one spouse exclusive use and possession of the marital home. This can occur during divorce proceedings or as part of a separation agreement.
If such an order is in place, and one spouse is granted exclusive use, the other spouse would lose their right to enter the property, even if they are the legal owner.
However, until then, neither spouse can be forced to leave without a court order.
If you’re dealing with a high-conflict divorce or a situation involving domestic abuse, reach out to an experienced Fort Lauderdale restraining order attorney as soon as possible. They may be able to help you file a restraining order to ensure your safety and rights are protected throughout the process.
What to do if your spouse refuses to move out after a court order in Florida
When a Florida court grants one spouse exclusive use and possession of the marital home, that order must be respected—regardless of whose name is on the deed or mortgage.
If a spouse attempts to enter the property or refuses to leave after such an order is issued, they could face serious legal repercussions.
Violating a court order can lead to civil contempt proceedings, which could lead to fines or even jail time. In some cases, they could be arrested for trespassing or burglary, even if they legally own the home.
For example, in State of Florida v. Suarez-Mesa, a husband was charged with burglary after entering a residence he co-owned but was prohibited from accessing under a restraining order.
Courts treat these violations seriously, especially in situations involving prior conflict or domestic disputes. If you believe an exclusive possession order is unfair or needs modification, the proper course of action is to seek legal relief through your attorney—not to take matters into your own hands.
Can I be forced to sell my house in a divorce in Florida?
In some situations, the court might order the sale of the marital home, but this usually requires extraordinary circumstances, like neither spouse being able to afford the mortgage or maintenance costs or the need to divide equity fairly when there are no other major assets to offset its value.
It’s also important to note that in the context of divorce proceedings, the house, like other assets, will be considered part of the marital assets and subject to equitable distribution.
This process looks at various factors to determine a fair division of property, which may not always align with direct ownership or who made mortgage payments.
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Have questions about removing a spouse from your home in Florida?
In situations involving marital property and living arrangements during a divorce, legal guidance is crucial. If you’re considering removing your spouse from a house you own in Florida, it’s essential to understand your legal rights and limitations, especially if your spouse doesn’t want a divorce.
At Shemtov Hillstrom, our experienced Fort Lauderdale family law lawyers can help you navigate the complexities of marital property rights, court orders, and the divorce process, ensuring that your actions are legally sound and in your best interests.
Additionally, we handle Fort Lauderdale Jewish divorces, offering guidance on religious divorce proceedings to help ensure a fair and respectful resolution that aligns with both legal and religious requirements.
Contact Shemtov Hillstrom today to schedule a free consultation to learn how we can help protect your rights during the divorce process in Florida.