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Can I kick my husband out of my house?

Jacksonville, FL |

I'm renting a house and I've been in the house since 2004. I married my husband in 2010. He is not on the lease nor was he here when I entered the initial agreement. Can I kick him out now even though we're married (yes already)?

Attorney Answers 2


  1. Best answer

    I don't believe that you indicated in your posting that you entered into an oral lease, please correct me if I am wrong. I think the key concerns in this situation are the terms and conditions of the lease you entered into originally and how it has been renewed each year. Most residential leases are not established for a period of time for greater than one year, so I am assuming you have most likely renewed the agreement in some way, shape, or form.

    Even if your husband is not on the original lease, if you married your husband and then subsequently renewed the lease after you were married there is a reasonable argument that the lease is marital property which you are both equally entitled to regardless of whose name is on the lease.

    Regardless of whether you or your husband intend to get divorced or are simply needing to separate and see if things can be worked out, it may be in both of your best interests to enter into a legal separation agreement. Such an agreement could clearly spell out who was entitled to stay in the current residence, who would have to leave, and what other terms and conditions would be placed on access to and use of marital property pending resolution of your current disputes or divorce proceedings.

    More information is necessary to give you an accurate answer to your question posted above. You would benefit from contacting an attorney and speaking with them in greater detail about your actual situation. Many attorneys will offer a free initial consultation to evaluate your situation.

    Should you be interested, my firm offers a free 30 minute initial consultation to discuss potential clients circumstances. You may schedule a free initial consultation by calling my firm at (904)469-5555 or by emailing me at tcasey@thecaseyfirm.com.

    Alternatively, you may contact the Jacksonville Bar Association's Lawyer Referral Service to find other family law attorneys in the Jacksonville Area. The Jacksonville Bar Association's Lawyer Referral Service will charge a $50 fee for the initial 30 minute consultation.

    THIS POST IS NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS SUCH. FURTHER ANY COMMENT POSTED ON THIS SITE BY THE CASEY FIRM PLLC IS STRICTLY FOR INFORMATIONAL PURPOSES AND DOES NOT ESTABLISH ANY ATTORNEY CLIENT RELATIONSHIP. SUCH A RELATIONSHIP MAY ONLY BE ESTABLISHED WITH THE CASEY FIRM BY EXECUTING A WRITTEN AGREEMENT SIGNED BY A REPRESENTATIVE OF THE FIRM AND THE CLIENT.


  2. You can probably kick him out. If the police wont enforce that right, you may have no choice but to evict him from the oral tenancy he is there under. In reality an oral lease for more than a year is not enforceable anyway, which is why you can probably remove him without court intervention.

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