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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Florida
- (813) 672-1900
- View Profile
- Answered
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.
A: There is no legal requirement that either of you leave the home. If a Petition for Dissolution is filed, either party can seek what is called "exclusive use and possession" of the home that you and she share. Until such time as the court actually awards a party exclusive use and possession, then both parties have a right to occupy the home. This is regardless of whether or not you own or rent and regardless of whether or not any lease or deed is in one name or both names.
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.
