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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