Unfortunately, for some spouses, just because the divorce is finalized doesn’t mean they are in any hurry to leave the marital home. If your divorce is not final yet, normally your spouse has the legal right to stay in the home unless the judge has ordered otherwise. This is true even if only your name is on the deed to the home or the mortgage.
Normally, the ownership of the house is decided as part of the divorce process. If the house has been awarded to you, the judge will normally give your ex a set period of time in which to leave the home and get all of his possessions out of the home. If your ex is still there after that period of time has expired, it’s time to take action. First, tell your ex that the divorce decree states that he has to be out of the home by the date in the decree. If he refuses, you can call the police to have him removed.
If the divorce decree does not state that your ex has to be out by a certain date, or if the divorce decree does not clearly state that you have exclusive residency of the home, and your ex won’t leave, you need to go back to court. You could mention to your ex that you will ask the court to award you court costs and attorney’s fees. That threat may serve as a motivation to your ex to get out.
Unfortunately, some ex-spouses do everything they can to make the divorce process as difficult as possible, even after it’s over.
If your ex-spouse is violating your divorce decree, call Florida divorce attorney Dale Bernstein at 727-478-3250. He works in the courts in Pasco, Hernando, Pinellas and Hillsborough Counties, and will provide you with a consultation on your case. Call to learn more.