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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1 Lawyer Answer
Tami Lane Augen
Tami Lane Augen
  • West Palm Beach, FL
  • Licensed in Florida

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.

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