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No lease or month to month agreement in Broward County Florida

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  • No lease or month to month agreement in Broward County Florida

    I live in Broward County, Florida and I allowed my wife(but separated) to stay in my home along with our children until she gets back on her feet. I purchased this home by myself (separated from her) while she was living in her own home with the children. Her home was foreclosed and thats when i allowed her to stay due to not wanted them to be in the street. now, that she is working and o.k., what is the process for me to get her out of the home. she does not want to leave. I do not have a lease or a month to month agreement.

  • #2
    Re: No lease or month to month agreement in Broward County Florida

    You will have to utilize the courts and begin eviction proceedings.

    Advise your wife that an eviction on her public record will greatly hinder her ability to find good housing (either renting or owning). That may help assist her in moving on her own without having to go through the rigmarole of an eviction. It will only hurt her, and not you, in the long run, if she insists on continuing to live in your home. It's really in her best interest to amicably make the move.

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    • #3
      Re: No lease or month to month agreement in Broward County Florida

      Depending how you separated, and e.g. whether you did so legally in court, you may have to file for divorce if she will not leave or if she argues the marital assets have not been divided. The eviction court may not evict her. They may treat her like any normal spouse.

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      • #4
        Re: No lease or month to month agreement in Broward County Florida

        No eviction has any effect on owning a house. An eviction is a civil court case. It does not appear on credit records. (A judgment following an eviction would appear on a credit report, but the eviction itself does not.) It would affect finding new rental housing, but not buying a house.

        I have to agree with the last poster. Had this merely been a GF, you could give her the required notice of any m2m tenant and ask that she move out. (You DO have a month to month agreement with her. Even if not in writing, the state assumes one for all tenants to protect them. ) But this is your wife. If you were not legally separated by a court, it may be considered that you simply moved your wife back into the martial home. Even if you bought this home after you separated, you are still married. In states with shared property division laws, she shares equally in all assets obtained throughout the marriage. I hope for your sake that you were legally separated. If not, buying this home while still married may prove to be a mistake. In some areas, she could even be awarded the home. You need to see your divorce attorney about this asset NOW! Then you can worry about how to get her out.

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