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I own a home that my ex wife is renting out to friends, a home witch she thinks is still her. I Want them out. Florida

Vero Beach, FL |

Due to :Per Final Judgment of Dissolution of Marrige/ Filed in public record clerk of court : Should the wife fail to execute the aforesaid deed, the final Judgment of Dissolution of Marrige shall transfer all the right,
Title and interest of the wife in the marital home to the Husband.
My ex never executed the aforesaid nor she showed up to court on the final day . She has been paying the mortgage (my mortgage), by renting the home . She lives in MIami and I live in Vero Beach , the home is in polk county. I no longer want ,who ever is living in my home to live there ( I do not even no their names). What if my ex has a written lease form the people that are living in my home. Is this lease valid? I am thinking of going to the polk county court to start the Eviction process.

Attorney Answers 2

Posted

You need to contact an attorney and find out if/when title transferred solely to your name. Also, you are going to want to inquire as to whether the current tenants have a lease. There are other complexities that may arise given your situation and it is highly recommended that you seek the counsel of a competent attorney. Florida does not allow for evictions without going through the formal process, so the sooner you begin to get all the facts the sooner you will be able to begin the process. Good luck!

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Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

Attorney LaFramboise is correct: the question of title is paramount. Settle that first, then worry about the tenants.

Posted

You need to settle the question of ownership/title first.
See the Clerk of Courts with a copy of the Final Judgment and a copy of the latest deed.

If the clerk can't tell you how to get the title transferred into your name, make an appointment
with a real estate attorney to change the title into your name.

Once the title is in your name, then you would contact the tenants and ask for them to communicate with only you from then on. Ask for a copy of the written lease agreement, if there is one.

The tenants may have entered into the lease agreement with the belief that your ex-spouse had the authority to lease the property. You must find out what the lease agreement is and then send a non-renewal notice to the tenants via certified mail.

Good luck.

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