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Can my ex-husband evict me from our house that is in foreclosure

Saint Petersburg, FL |
Filed under: Divorce

my husband left me in oct 2008. we were legally divorced in march 2010. our house is currently in foreclosure. He is trying to do an ejection and says I am trespassing on his property. Can he "evict" me from property that is in foreclosure? Our finalized divorce states we have agreed to let the house go into foreclosure

Attorney Answers 3


he can try but he will lose.

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Your question leaves many questions unswered. How does your divorce decree decide who will live in the house? If is the both of you then he cannot evict you. If it gives his the use of the house to him, then he must get out. The devorce decree governs until the foreclosure sale takes place. The fact that a foreslosure is taking place, does not change the divorce decree.

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It depends on who was awarded exclusive use and possession of the house prior to the foreclosure. Need to look at the specifics of your Final Judgment

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