Tampa, FL asked in Divorce and Family Law for Florida

Q: Located on tampa, fl. I am going through a separation with my wife. Who should leave the house to have space, me or her?

My wife wants to separate and i need space from her. She says she wont be leaving the house we rent. She is never home and barely takes care of the kids. I want her to leave so I can focus on me and the kids. Who should leave the house since its technically rented and neither of us own the house.

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2 Lawyer Answers
Mr Eric Klein
Mr Eric Klein
  • Boca Raton, FL
  • Licensed in Florida

A: Both of you have equal rights to the marital residence. You will need to work it out with her. Good luck!

Lynette Silon-Laguna agrees with this answer

Lynette Silon-Laguna
Lynette Silon-Laguna pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Tampa, FL
  • Licensed in Florida

A: Unfortunately, if you and your wife decide to separate, neither of you can be made to leave the house, even if it is rented. One of you must voluntarily leave. There is nothing legally you can do until the lease runs out. If you file for divorce, that is one of the issues which would be resolved; however, it would still be best if you can agree upon it.

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