Charlotte, NC asked in Divorce for Florida

Q: Is it legal in Florida for my brothers with to pack up his stuff and kick him out of their house??

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2 Lawyer Answers
Justin Gary Hausler
Justin Gary Hausler
Answered
  • Casselberry, FL
  • Licensed in Florida

A: The wife cannot legally remove your brother from the house permanently without a court order. If this situation has happened, he should file a motion for exclusive use and possession of the marital home and possibly a contempt motion for violation of the administrative order (depending on the county). Where is the case pending?

Opal Phiona Lee
Opal Phiona Lee
PREMIUM
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: It is unlawful for a person to self-evict a spouse from the marital home - wife would have needed to first obtain a court order to evict your brother. Your brother has as much rights to the marital home as his spouse during the pending divorce action unless a court order says otherwise. Your brother should consult with an attorney as soon as possible to to obtain advise specific to his situation and to guide his future actions.

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