Need help with Florida divorce/eviction laws...
 

My mom just called me...

She and my dad had agreed to divorce, but that they would have it written in that he would be able to stay in the home until he either got married or died. Now that my mom has seen an attorney and drawn up the papers, he has decided to play dirty. He says he will fight her every step of the way for half of her house (that she bought with my grandma 27 years ago, and that my grandma left to HER three years ago) and everything else she owns. He doesn't work, and she's been supporting him for two years or so now.

I told her that she needs to kick his ass out then. She tried to play nice, and he wants to play dirty, so she needs to look out for herself, and let him fend for himself. She doesn't think she can because he doesn't beat her up or anything.

Is anyone familiar with this situation? I'm going to do some research and see what I can come up with on my own, but I know a lot of you are in Florida...and have been divorced, lol...so I thought it wouldn't hurt to ask.

Thanks, baby :thumbsup

Sorry, they seem to have modified their site a little

http://www.flcourts.org/gen_public/f...lycourts.shtml

http://www.flcourts.org/gen_public/f...es/index.shtml

But if she has an attorney, she really doesn't need this info, or your help

FL is a no fault state. Sorry to tell you but the house may well be half his. Maybe if she offered him a set amount of $$ to be gone he would jump on it.

She doesn't have any cash, or I bet she would.

I don't understand how he can do this to her...she's been a true and faithful wife..supported him through a heart attack, triple bypass, two strokes, etc...and she mainly wanted the divorce so she wouldn't lose everything to his $300,000 debts when he does die. The marriage is essentially over emotionally as well, but she didn't want to throw him on the street, so she agreed that he could live there (rent-free, mind you) until he kicked the bucket or was ready to marry someone else. Pretty damn generous if you ask me. (But that's my mom, always thinking of everyone else...and that's my dad, always thinking of himself.) But he's just being nasty now...he says he wants to just stay there until he dies...well, duh, she was having it written in the divorce that he could, so there is no reason to fight her and get nasty except just to be an asshole. What a fucking piece of shit.....I am absolutely disgusted with him.

I hope you would get the best lawyer. your dad must learn some lessons here.

She does, but she's upset now, and I'd like to give her some info..tomorrow she has to go to her friend's mother's funeral, so she can't try to get in to see her attorney then.
Thanks again, hun.

I know in NY anything you own before you are married is yours... whatever you buy/own after you are married is automatically half of your spouses.

Well, I did find this out:
Property Division
Florida is an "equitable distribution" state. Each spouse can retain their non-marital property. Non-marital property is all property acquired prior to the marriage, or acquired by gift or inheritance, or any property that the spouses agree is non-marital property in a written agreement.

Well, her half the house was acquired before they even met, much less married, AND the other half was acquired by inheritance...so I don't think he can take the house, which is a huge relief....even if she has to go through an eviction to get him out (and according to the sheriff's department, unless there is physical abuse, that is the case) I think she could stand it if she knew her home was safe.

On another note..maybe this is all for the best. I just got off the phone with her and she's pretty calm under the circumstances. I told her it'll be a tough road, but when she gets to the other ends, she'll be free. More free than if he had just agreed to the divorce as it stood.