Clearwater Divorce / Separation Lawyer.
Hi there As a co-owner of the property he cannot legally prevent you from gaining access to it. You have the same rights to that parcel as he does. If he changes the locks on your jointly owned home, you still have the right to enter the premises. I would suggest filing for divorce in whatever conty the property is located as you may wish to file a partition action as part of your divorce. A partition requires the sale of the property and is a vehicle by which the court's can divide assets...
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Most 401K plans require the other spouse to sign a form in you are withdrawing money from the plan. You are permitted to do so provided you you can account for it in the event a dissolution of marriage case is filed in the future. You would also need to be able to determine which portion was morital and which was non marital or contributed after the separation. I hope you found this answer helpful. Please let me know if I can be of assistance. John Simms
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The question raises a few complex issues. What is the basis for the non custodial parents objection? Typically the Primary parent's address in a public school setting would dictate where the child attended school. With advent of "school choice" and "charter schools" this issue became alot more frustrating for parents. I believe your duty is to consult and advise the non custodial parent. I think typically the parent with primary residential responsibility makes the ultimate choice but...
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If you have moved out of the state of FL with an intent to reside elsewhere I believe FL has lost jurisdiction. FL requies you to be a resident for at least 6 months immediately preceding your filing for a divorce. Since you moved 8 months ago and your ex presumably moved more than 6 months ago as well, I'd think it unlikely FL will have jurisdiction.
She has a right to claim an interest in the house if it was purchased during the marriage or with marital funds. You may have a good claim to reduce any interest she may claim by virtue of your payment of the mortage, taxes, insurance, repairs and or improvements on the property since her departure, however it does not appear the time period is very long.
It does affect your marriage in that your marriage is void or voidable. You should file an action for annulment as an alternative to your divorce action. Your remedies are substantially different in an annulment.
I believe it will really depend on the specific facts of your case. If the property was deeded to him but was paid for with marital monies then there's a good chance it's a marital asset. If it was deeded to him but the value was enhanced by the expenditure of marital monies or marital labor, then even if it's non-marital property the increase in value due to those efforts and expenditures is a marital asset. If you live there with him, it's unlikely he can throw you out without some sort of...
Typically you would need an attorney well versed in Contracts and Real Property Law. My partned Jim Staack is Board Certified as an Expert in the field of Real Estate. Please let me know if we can be of service. John Simms
Employment Law is a particular area of expertise and you should seek out an attorney who specializes in that field.
Typically :No. The unauthorized recording of someone's voice (without thir consent) is a crime under Fl Law.
