Apopka, FL asked in Divorce for Florida

Q: I asked my husband for a divorce a few months ago, the house is a living hell for everyone.

Since asking for a divorce I have refinanced the house under only me, my soon to be ex will not leave until he gets money from my refinancing. He says he needs to stay here until he can get approved for a house loan, he refuses to go to relatives house, or rent. He is an alcoholic and verbally abusive to me and my two adult kids. He said if I make him mad enough to leave he will get money and sue me to make me sell my house. If I do not give him more than half of the refinancing payout he also says he is going to sue me. I have the refinancing money in a savings account until he leaves but this doesnt seem right that he can stay here and /or sue me. Should I call his bluff?

Related Topics:
1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber
  • Hollywood, FL
  • Licensed in Florida

A: You need to file for divorce in order to receive the protection/ enforcement power of the court. In the filing you can ask for exclusive use of the house while the divorce is pending. Assuming that the house was marital then he will be entitled to half of the equity as a starting point. Look for a consultation with a local lawyer who can give you more specific advice.

Good luck.

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.