Wichita, KS asked in Family Law for Florida

Q: Can a wife kick her husband out of the house if he has committed adultery in the state of florida? He signed a prenup.

Deed is in her name and her mother's. They have been married 4 years

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

A: I am assuming that you and your spouse live in Florida in order to answer this question. You can file for divorce. You can file for exclusive use of the home, meaning that he would have to leave the house. However, adultery is not an "automatic" reason for one spouse to be "kicked out" of the house. You can also read the prenup to see if it mentions any consequences for adultery. Speak with a local family lawyer for more specific advice.

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