Who Has To Move, Him Or Her?

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By Robin Roshkind, Esquire, West Palm Beach, Florida

Many couples going through a divorce  just don’t have the funds for separate residences.  It is cheaper (not easier) to stay under one roof, until the divorce is final and the issue of the marital home is decided by the judge or agreed to by the parties.

For those couples  lucky enough to have assets, or those in two income families, it is easier (not cheaper) to live separately and apart pending divorce proceedings.  So how do couples decide who shall stay and who shall go?

First, you don’t lose your marital rights to the marital residence merely by moving out, if your name is on the deed or on the lease.  The remaining party has no right to change the locks unless by agreement of the parties or court order.

Secondly, if there are children, it is understandable that they are…

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Changing the locks…when is it legal?

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By Robin Roshkind, Esquire, West Palm Beach, Florida

Can a husband or wife be thrown out of the marital home?  The answer is “it depends”.  Certainly if there is domestic violence and the police are called, if they arrest one of the spouses, there is a no contact order put in place until a hearing before the court two weeks later.  The alleged perpetrator is immediately removed from the marital home.

If a spouse voluntarily moves out of the marital home, but his/her name is clearly on the deed, or the lease, as the case may be, the remaining spouse under the law cannot change the locks unless the moving spouse has all his/her personal effects and gives permission.  Under this circumstance, it is advisable for the moving spouse to take photos of the contents of the marital home before moving out.

Moving out of a marital residence, in the…

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Can I Force My Husband To Leave The House In Divorce Proceedings?

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by Robin Roshkind, Esquire, West Palm Beach, Florida

The two of you are fighting like cats and dogs.  The kids are acting out.  You are stuck under the same roof and  the relationship is deteriorating.  Divorce proceedings are in place and you each have divorce lawyers.  How can you get your spouse out of the house?

Most divorce petitions ask for exclusive use and possession of the marital home for the reasons so stated above.  It is not a healthy situation where the parties are constantly fighting, and especially if there are children around. But unless there is domestic violence, the spouse stays, at least until a mediation where the spouse can agree to leave, or a temporary relief hearing, where the judge will take evidence and testimony that the spouse has somewhere reasonably economical to go. 

In domestic violence cases, the wrong doing spouse is immediately removed from the…

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