Long story short wife and I got into an argument where yelling was reported and in Florida someone goes and guess what it was me. Anyway had a no contact order placed and charges are hopefully being dropped soon since there was found to be no PC. My question is can she or the landlord remove me from the lease without written consent or going through the eviction process? I don't want to move back in but I also have lots of things in the house. She tried to file a restraining order which got denied since there was no violence blah blah. Just wondering if this is legal since I have been sleeping different places and don't have the means to stay anywhere else for the time being. Any information can help and I'm having a hard time affording a family law attorney since it's a huge retainer. Yes she has started the process for divorce but I haven't signed anything.
If you are on the lease and if there is no court order requiring you to stay away, then you have every right to be in the property the same as your wife. Nobody can take your name off of the lease without your consent. Your right to use and access the property will be part of the divorce, I would assume, so it is best for you to do what you can now to get your things out, unless you want to bring a "fight" to your right to live there. Hope this helps. Good luck.
I agree with my colleague, no; neither the landlord nor your wife can remove you from the lease without your consent. All three of you would have to agree - or someone would have to get a court order. Even a no contact or restraining order is problematic, as such orders can conflict with your leasehold possessory interest.
if you are getting divorced, you really should both be discussing these issues with your LAWYER. if you have little or no income, and no substantial assets, you should be able to get assistance from your local legal aid - but go see a lawyer before you do a thing here. A "legal" right to enter, and a "practical" right to enter are two different things, I'm afraid. BE NICE (my mom always said, " you can get more flies with honey than you can with vinegar") You may need to arrange for her not to be there when you come to get your things, or better yet send a neutral party in to get them for you. And you will want to negotiate a way off the lease if you can. Your lawyer can hep with all of this.
Hope this helps.
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While you generally cannot be taken off a lease without your and the landlord's written consent, the question is complicated by the circumstances you describe. You don't say whether the no contact order is temporary or "permanent." If temporary, there will be a hearing, probably already scheduled, at which time the judge will decide on what will be done (either drop the no contact order or an "ejectment order" instead) at which time you can request that the court grant you the opportunity to go to the premises and gather your personal belongings and take them with you. At that hearing you should also request that, if you are forced by the court to quit the premises altogether, your landlord be required to remove you from the lease so that you can afford to live elsewhere. If the no contact order is 'permanent," you need to go back to court to ask for those things (file a motion). in either event, you really should have legal help and it would be best to hire a family law attorney. If you cannot afford one, you can contact your local legal aid office for help. Good luck!
Although I am a lawyer, I am not your lawyer unless and until you retain me. My response is not intended to give you specific legal advice regarding your particular situation and does not create an attorney-client relationship.
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