How to remove a family member from your Florida home?

If you are Florida Homeowner that needs to remove a Family member from your Florida Home, call the experienced Florida Unlawful Detainer Attorneys of 954 Eviction Attorneys today at (954) 323-2529. We are available twenty-four hours a day, seven days a week.

Can a spouse be removed from the marital home?

As stated above, in most cases, a spouse can only be removed when there’s a history of domestic violence. The abused spouse must obtain a restraining order that prohibits the abuser from any further contact. The abusive spouse will be banned from the marital home if that’s where the abused spouse resides.

Can a family court order a spouse to leave the home?

Despite the general rule the courts aren’t likely to remove either spouse from the home, spouses may file a motion asking a family court to exercise its “equitable jurisdiction” (authority to make fair and just orders) and order the other spouse to leave.

When is a family member ripping off your aging parent?

A family member begins to isolate the aging parent from others. When there is anyone blocking visits, restricting access of other family members to the elder, it’s another red flag.

When does a spouse lose their inheritance rights in Florida?

Under Florida intestate law, a spouse will lose all inheritance rights when he or she divorces the decedent. But if the decedent passes away during the divorce process or after the couple become separated, the spouse will maintain inheritance rights.

Who is entitled to an intestate estate in Florida?

The surviving spouse of a decedent possesses the strongest rights to an intestate estate as far as Florida inheritance lawsare concerned. In fact, he or she will receive your entire estate if you have no surviving children or if your only surviving children were with your spouse.

Can a family member force an elder to go home?

“We usually can’t force someone to stay,” Abrams says. “If an elder wants to go home, we can’t legally stop them if they are lucid and able to make rational decisions. We put a discharge plan in place that states how and where they will continue receiving care.

Can a judge charge a spouse with abandonment?

The person can face abandonment charges when he or she does this with the intent of not returning. It is possible that the judge may provide the spouse that remains at home with the property when he or she keeps the house maintained and pays all the bills.