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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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My husband is such a severe alcoholic that he pees in his

Customer Question

My husband is such a severe alcoholic that he pees in his pants and on the carpet.. There was one time that I had to call 911 for him because he fell and broke his eye socket and while the paramedics were here, he peed in his pants. In the last week, he has peed his pants twice and I have had to clean his mess off the carpet like he is a puppy or something. I am in Florida, i there any law in which I can get him out of the house until he gets some help? He is 57 years old.
Submitted: 3 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 3 years ago.
Hi,

With regard to your post:

My husband is such a severe alcoholic that he pees in his pants and on the carpet.. There was one time that I had to call 911 for him because he fell and broke his eye socket and while the paramedics were here, he peed in his pants. In the last week, he has peed his pants twice and I have had to clean his mess off the carpet like he is a puppy or something. I am in Florida, i there any law in which I can get him out of the house until he gets some help? He is 57 years old.


If he is not mentally competent, you could petition the court to declare same and to make you his conservator, at which point you could put him in a home, or rehab, whichever it appropriate. However, that is very difficult.

If he is violent and a danger, you can file for a restraining order, such that he is removed from the home.

Or, you can file for divorce and when the distribution of assets occurs at the end, you can buy him out of his 1/2 of the home, if he is awarded 1/2, assuming it is a marital property.

Good luck. I feel for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An Accept also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

Customer: replied 3 years ago.
You did not answer my specific question re urinating on family property. Thank you for your response, I already knew what you told me. I needed an answer about whether urinating on onesself or on the carpeting in which others have to walk on is reason enough to get someone out of a home.
Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  AlexiaEsq. replied 3 years ago.
You are mistaken, you never asked such a question. Your only question posted, and I quote, was: "i there any law in which I can get him out of the house until he gets some help?" This question was answered accurately, and I note that another lawyer commented his agreement to same. You indicate now that you knew those 3 areas of law - however, it is unclear to me then why you asked for "any law in which I can get him out of the house" if you already knew that. Note that there is a section on your post form where you are asked to include what you have already tried/or researched, but you neglected to put those 3 law areas there either, thereby having me provide the time and effort to narrow them down for you in an Answer.

However, if you are now seeking to add a question, I will touch on your new question as well, as I can understand your distress here, and I seek to help.

Now, with your new question:
You did not answer my specific question re urinating on family property. ... I needed an answer about whether urinating on onesself or on the carpeting in which others have to walk on is reason enough to get someone out of a home. No, there is no law yet in FL that provides that a medical condition (self-inflicted or otherwise) that causes incontinence, on family property, will suffice to have someone forceable removed from his home. That is why I gave you the three ways you CAN have someone removed from the home.

Good luck here. You have recourse, as noted above, and if #1 and #2 do not apply, you can certainly avail yourself of #3.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An Accept also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11678
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and other Family Law Specialists are ready to help you
Expert:  AlexiaEsq. replied 3 years ago.
Hi, thank you for the kind accept. I noted your question in your kind feedback, about whether purposely urininating could constitute that danger noted above, to himself or others. Interesting question - and I have never heard of it. However! If this is intentional behavior (not a result of an inability to control his bladder), it may be a form of domestic violence, destruction of your property, etc. If he urinates ON you, purposely, that is an assault. You could feasibly have him charged with same (and you needn't call 911, since it is not necessarily a life or death matter at that point in tme) and he can be prosecuted, possibly get jailtime, etc. That would get him out of the house, and if you could secure a restraining order based on that or any additional threats or drunken violent behavior, that would keep him out even longer.

Good luck! (Also know that you can divorce him even if you love him and remarry him later if you want and he wants.) That may force him to get help, will get you two to not live under the same roof, and again, get him out of the house as you wish. You can always invite him back in after you successfully get him out.

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