Q: Can I remove my husband and his business from my sole-owned home in Florida?

A: Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more specific advice.

A: Unfortunately, Florida law does not permit "self-help" evictions. Therefore, you cannot simply remove your spouse's belongings and "evict" him. Furthermore, since you are married, there may be some marital component to the property. Therefore, it is best you schedule a consultation and or retain a family law attorney to obtain advise specific to your situation and discuss any possible divorce.

A: Even if the property is solely in your name, if it's considered the "marital residence," your husband may have certain rights to it during the divorce process. Florida courts aim for equitable distribution of marital assets. Simply because he has not contributed financially does not negate potential rights he may have to the use of the property during the pending divorce. The proper way to address this situation is through divorce proceedings. A court order can determine who has exclusive use of the marital home during the divorce. The fact that his business has operated from your home adds another layer of complexity. The court will likely consider this when dividing assets and determining property rights. Changing the locks and removing belongings could be seen as an "ouster," which could have legal ramifications. It is important to avoid actions that could be seen as illegally removing him from the residence.

A: In Florida, if you own the house solely and your husband has not contributed financially to it, you do have the right to ask him to leave, but you must follow legal steps. Changing the locks and removing his belongings without legal processes can lead to potential legal issues, such as claims of wrongful eviction. It's important to give him proper notice before taking any drastic steps.

You can serve him with a formal notice to vacate, typically giving him 30 days to leave, which is required under Florida law for tenants. Since he claims to have his own vacant house, he may not be entitled to stay in your home, but you should still follow the correct legal procedures to avoid future problems. You might need to go to court to get a formal eviction order if he refuses to leave voluntarily.

As for the office belongings, if they are part of his business, they may not automatically be considered personal property. You might need to address this issue through legal means as well, especially if he has any rights to the business equipment. Consulting with a family lawyer can help you navigate these steps and protect your rights while handling the situation appropriately.