Skip to main content
W Russell Snyder

W Snyder’s Answers

4 total

  • What can I do about my soon-to-be ex-husband demanding that I move out?

    After 11 years of marriage, he suddenly decided he did not want to be married anymore. At first, he was forcing me to stay in the house even though I could not afford it on my own. Then a week later, he decided he was staying at the house and wa...

    W’s Answer

    You owe it to yourself to find a lawyer and have an initial consultation to better understand your rights. Divorces are not matters for self help as has been done here. I think you should
    invest a few hundred dollars and get some good advice so you know as much or more than your spouse about your rights and his obligations to you. You may not decide to have a lawyer handle the whole case but you are wandering in the dark at this point.
    I hope this helps you.
    W Russell Snyder
    Attorney at Law
    Venice FL

    See question 
  • Separated 1+ year from souse of 14 years. found out he took out a loan against the house in his name only to pay off HUGE irs

    debt for not paying taxes for two years. he has been making mortgage payments with late fees 1x each 3 months. I filed married/sep over last two years of his non irs payment and late filings. How will his equity loan affect equitable distribution?

    W’s Answer

    If you didn't sign the papers on the loan for the bank then that bank has a void mortgage.
    In Florida, any sale or encumbrance of homestead property (that is, property owned by one or two spouses) which is their principal residence is required to have spousal joinder on the deed or mortgage. If your spouse took out a loan on a home then the bank was lied to or you
    still have rights to demand the loan be reversed and cancelled.
    However, the issue of income taxes for monies earned before the filing date of a marriage is one that will probably be decided to be a marital debt and therefore equitably divided at the time of the divorce.
    You should carefully discuss this problem with a competent divorce lawyer in your County of residence and be sure that you fully understand the reason your spouse paid the IRS and the implications to both of you of not paying the IRS before you take action to cancel the loan.
    Many Floridians are in the same boat. People just don't have the cash to pay back taxes.
    I would recommend you hire competent counsel to handle this problem. Doing your own divorce with tax questions like this one will be dangerous.
    W. Russell Snyder
    Attorney at law
    Venice FL

    See question 
  • Can I rent rooms out in my condo around unknown squatters who refuse to leave and locked me out?

    I have a condo in FL that currently has squatters. I was told to do an eviction through the court, since I cannot kick them out, nor even enter, because they have changed the locks on me. Without doing an eviction, which is costly and time consu...

    W’s Answer

    The exclusive remedy in Florida for removing tenants is through a county court eviction action. There is no legal means to simply rent space "around" your tenants. By the way, Florida law provides double rent to the landlord that shows a tenant overstaying a lease.
    You need to go the Clerks' office of your county and file an eviction action AFTER you have first posted a three day notice. You can learn about these rules by simply googling Florida Statute Chapter 83. All the rules for evictions and tenancies are in that chapter of the statutes. I think it would be a very bad idea to expose new tenants to your old tenants!
    W. Russell Snyder
    Attorney at Law
    Venice Florida

    See question 
  • Will contesting and Squatters Rights

    My husband and I are going to be the only inheritants on an elderly friends will. Her house and all belongings are to be ours at the time of her death. Her Sister, who is well off, has made a statement that she can contest the will, is this possib...

    W’s Answer

    Any blood relative of your friend may file a will contest but only after your friend has died. Florida disallows will contests during the lifetime of the testator except in cases where a guardian is appointed and petitions the court for permisssion to contest a will that was allegedly procured by undue influence or when the testator is alleged to have lacked testamentary capacity. The sister will have to prove you unduly influenced your friend to gain your inheritance or that your friend lacked the mental capacity to fully understand her will. The key to these cases is the testimony of the lawyer who drew and oversaw the execution of the will. By the way, will contests are expensive and difficult cases. We would not anticipate a will contest being filed over a small estate. A house and personal property will probably not draw a will contest unless the sister is particularly upset you will inherit.
    Florida has no doctrine of squatters rights that would give the nephew any rights upon the death of your friend.
    Russ Snyder
    Attorney at Law
    Venice FL

    See question