Q: Is it legal in Florida for my brothers with to pack up his stuff and kick him out of their house??
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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.