Can My Husband Kick Me Out of the House?

Can My Husband Kick Me Out of the House?
Emotions can run high when a marriage isn’t working out. Arguments escalate, tensions increase, and the stress may affect your day-to-day life for weeks or months. It can become impossible to live with someone in these situations. The emotional fallout could affect your children’s mental health and well-being, to say nothing about your personal relationship with your children and of course your own well-being.
Say that you finally reach a breaking point as a couple. During a bad fight, your husband (or wife) threatens to kick you out of the house. Does he (or she) have the legal right to do that in Florida? Does it matter that you’re still legally married?
The answer isn’t so simple, but that’s why our Southwest Florida family law attorneys are here to help.
Let’s explore attempted forced eviction by your spouse and what legal protections you have in these situations. If you need to speak with an experienced divorce lawyer serving the Parrish, Sarasota, and Lakewood Ranch area, contact Luhrsen Goldberg for a free consultation. We have a proven record in family law and will be fierce advocates for you and your children.
In Most Cases, You Cannot Kick Your Spouse Out of the Marital Home
Under normal circumstances, your spouse cannot legally order you to leave your home. The home where you and your spouse live is considered the marital home under Florida law. Both spouses have a right to occupy the marital home, even if the marriage is not working and the spouses are not getting along.
The only time a spouse can be forced to leave under these normal circumstances is through a court order during a divorce/dissolution of marriage. If someone is ordered to leave the marital home through court order, they will typically be afforded some time to find new accommodations.
Exceptions: Domestic Violence and Your Child’s Best Interests
There are two major exceptions to the general rule above.
Your husband could kick you out of the house if:
You have a history of spousal abuse or domestic violence in the home or
Your presence in the home is not in the best interests of your child or children
In these two situations, a court injunction will still be necessary to remove someone from the home and keep them from re-entering the house. A judge will likely grant an injunction in these situations to ensure the safety of the threatened spouse and protect the well-being of the children in the home.
We’ll cover both of these serious situations in more detail below. There’s a lot to unpack.
Contact Our Lakewood Ranch Law Firm About Your Situation
Your spouse may have ordered you to vacate your home, but they may not have the legal ability to do so. If your husband or wife has kicked you out, locked you out or otherwise tried to bar you from the marital home, contact our Lakewood Ranch law office to discuss your situation for free.
Our family law attorneys have helped people all over Manatee, Sarasota, and Hillsborough Counties with complicated family law needs. Luhrsen Goldberg is here for you.
Removal from the Marital Home for Domestic Violence
All instances of domestic abuse and spousal violence need to be taken seriously. If you have committed domestic abuse or there is a documented history of domestic abuse in the home, your spouse may be able to seek a court injunction to keep you away from the house for his/her safety. You will also be prohibited from re-entering the home and may be ordered to stay away from the protected person’s workplace and other places the court deems necessary.
Conversely, you could remove your spouse from the home if she’s/he’s been abusive and you are a survivor of domestic violence.
If a person violates a court injunction, they can be arrested and face criminal charges for their actions.
Affect of Domestic Violence on Divorce Proceedings
Domestic violence can have a major effect on many aspects of your divorce. A history of abuse can impact child custody and visitation rights, as the judge will make all efforts to keep a child in a safe, loving, and nurturing home. The person who committed the abuse may lose custody of their child and have restrictions on parenting time and the ability to contact or interact with their child.
Domestic violence may lead to a judge awarding alimony (spousal support) to the survivor of the abuse. In these situations, the judge would need to consider how the abuse affected the abuse survivor’s emotional well-being and earning ability.
In addition, domestic violence could potentially affect the division of marital property in a divorce. Florida is an equitable distribution state with regard to marital property, which means judges will try to fairly split assets and debts between spouses. In cases of domestic violence, a judge may consider lasting injuries or adverse career impacts caused by the abuse and distribute assets and debts accordingly.
Dealing with False Allegations of Domestic Violence
False accusations of domestic violence could be weaponized against you by your spouse. This is often done as a form of revenge and a way to tarnish your reputation. False allegations of abuse can also be used as an unethical leveraging tool during a divorce.
If you’re going through a messy divorce that involves made-up accusations of domestic violence, our family law attorneys in Lakewood Ranch can help. We can review the false allegations of domestic abuse and dispute the fabricated claims that were made against you.
What to Do If You Are a Victim of Domestic Violence
If your spouse is abusive and a danger to you, there is help available. In addition to calling 911 and getting a police report of the incident, consider these other resources.
When you can do so safely, you can call the Florida Department of Children & Families (Florida DCF) Domestic Violence Hotline at 800.500.1119.
You can also reach out to HOPE Family Services in Bradenton for assistance. Call HOPE’s 24/7 helpline at 941.755.6805.
Florida’s Office of the State Courts Administrator offers a guide on how to get an injunction for protection/restraining order as well as a helpful domestic violence checklist for litigants.
If you are unsure of what to do and need legal advice or support, do not hesitate to call our Lakewood Ranch law office at 941.541.3260. Our family law attorneys are ready to listen.
Removal from the Marital Home for Your Children’s Best Interests
Your child’s best interests refer to a parent’s ability to maintain a child’s safety and overall physical, mental, and emotional well-being. Even when couples are getting a divorce, the spouses should still be able to put aside their differences in the home to look after their children.
With this in mind, it’s possible to kick a husband or wife out of the house if they are unable to meet your child’s best interests. This means that the mere presence of your spouse puts your child’s health and safety at risk.
Examples of Behavior That Jeopardize a Child’s Safety
Common behaviors that would compromise a child’s well-being include:
Physical, verbal, emotional, or sexual abuse of a child
Drug abuse, alcoholism, or use of other controlled substances
Criminal acts performed in or around the home, especially when children are present
Abandoning a child or leaving a child unsupervised for long stretches of time
Creating a toxic or hostile environment for a child to grow up in
How Your Child’s Best Interests Can Affect Your Divorce
Failing to meet a child’s best interests could affect child custody and visitation rights, especially if abuse, molestation, and addiction are involved. As with allegations of domestic violence, a parent may lose custody of their child and have their parenting time and access to their child restricted.
The non-custodial parent in these situations may need to make child support payments to their former spouse. Child support will assist in paying for a child’s upbringing, which includes expenses like food, clothing, healthcare, and education.
What to Do If Your Child’s Safety Is at Risk
If your spouse’s behavior is a danger to your children, you can do more than calling 911. Please consider these resources as well.
The Florida DCF provides multiple ways to report child abuse and endangerment. You can also report child abuse to them by phone through their Abuse Hotline at 800.962.2873.
Florida’s Office of the State Courts Administrator allows parents or legal guardians to file for injunctions on behalf of a minor. Please note this Florida Courts video on how to file a petition on behalf of a minor.
The Child Welfare Information Gateway has a list of toll-free crisis hotline numbers related to child abuse, family violence, substance abuse, and other situations that may apply to your household.
Speak with Experienced Florida Family Law Attorneys
If you live in the Sarasota, Parrish, or Bradenton area and need help with a complicated situation involving your spouse, contact our Lakewood Ranch family lawyers. Luhrsen Goldberg has proudly served people all over Southwest Florida since 2016. We are here to offer honest legal counsel and aggressive advocacy.
What If We Rent a Marital Home Instead of Owning It?
Even if you and your husband rent the marital home rather than owning it, you cannot be kicked out simply because your husband doesn’t want you there. You still have the same rights in the marital home even if it’s a rental.
A Potential Issue If Your Lease or Rental Agreement Is Ending
If your lease or rental agreement is coming to an end, your spouse may try to go behind your back and have your name removed from the renewed lease/rental agreement. Having just one name on the lease ultimately depends on your landlord and it is up to their discretion
This tactic may not necessarily kick you out of the house, however. It really depends on the wording of the lease and whether or not you still have rights as a tenant under state and local laws.
Our Family Law Attorneys Can Offer Assistance
If your husband is trying to kick you out by removing your name from a lease or rental agreement, it’s best to speak with a family lawyer at our law firm in Lakewood Ranch, FL. Our attorneys can look into the specifics of your living situation and talk about what steps you can take next.
Should I Attempt to Kick My Husband Out for His Behavior?
If your husband is abusive or his actions put your child’s well-being at risk, you should definitely seek an injunction. Your safety and your child’s safety are what matters. Please use the links and resources we’ve provided above to protect yourself and those you love.
For situations in which your husband is causing problems but he is not violent, abusive, or creating a hostile environment at home, it’s best to consult our attorneys about your options. We can go over initiating divorce proceedings and other remedies for de-escalating a difficult or combative relationship at home. If you’ve documented your husband’s behavior, we can also let you know if there are grounds for seeking an injunction.
Who Will Get the House If I File for Divorce?
In many cases, that decision will depend on multiple factors and may be up to the judge to decide. This is another circumstance in which a judge may consider any instances of domestic violence, child abuse, and the safety of the home when making their decision.
Our Lakewood Ranch family lawyers can look at your prenuptial or postnuptial agreement if one is available to help with the distribution of assets and debts during a divorce.
Contact Luhrsen Goldberg for Expert Family Law Advice
Complicated marital situations call for experienced family law attorneys. If you live in the Sarasota, Parrish, or Bradenton area, you can count on Luhrsen Goldberg. Our lawyers have worked on difficult and contentious divorce cases throughout Southwest Florida. Our family attorneys take clients’ needs and their children’s futures to heart, offering fierce representation backed by years of legal experience.
Get the answers you need to make the best decision possible. To request a free consultation, contact our family law attorneys in Lakewood Ranch. You can also reach Luhrsen Goldberg by phone at 941.541.3260.