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Exclusive use of property

Ormond Beach, FL |

I want exclusive use of my home. I have a pending restraint order that was never served, it was a false charge. My spouse is in jail, going to prison. House is vacant for a long time now and things have been stolen and damaged by him since he has lived there.
I am being told I can't move back to my house that was paid in full by me and spouse is on deed because of fraud, and I will prove it when we divorce. I am the original owner, I am also on the deed ,I paid all the taxes, banks accounts, etc, that were never joint. Can I go back home without going to court to get exclusive use? What happens if I do?

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Attorney answers 4


If there is a pending restraining order, I would encourage you to go to an attorney to have it reviewed prior to going to the property. If you are prohibited from going to the address, then do not go! If the house is vacant and the other spouse is in jail, you would most likely need to go to the court to obtain permission for exclusive use and possession of the residence. Best of luck.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.


I agree with Ms. Augen. I would like to know who is telling you that your can't move back into the house. Was this a D.V. order? If it was by court order, do not go. If your husband is going to prison (he won't be needing the home), file a motion for exclusive use and possession.

Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.


You probably will get exclusive use and possession. But should see an attorney about this immediately.

R. Jason de Groot, Esq.,


Who is telling you that you cannot move in? You need to have an attorney review all of the facts and paperwork and then advise you. Do not risk making a poor decision. Good luck.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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