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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2677
Experience:  associate attorney
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My home is in a trust. my name is on the deed. I have been

Customer Question

my home is in a trust for me. my name is ***** ***** deed. I have been separated for 5 months and am filing for divorce in florida. He refuses to leave the house so I left due to my safety can my Trust Guardian evict him. thank you
Submitted: 11 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If the house is owned by your wife's family trust, then in the end you are going to be evicted even if she isn't. The house is not marital property if was not acquired with marital property during the marriage. I'm guessing this was either acquired before the marriage or by inheritance and the trust has kept it family property.

Only marital assets and debts are divided when a couple divorces. Marital assets includes everything the spouses acquired, both separately and together, during the marriage. Florida law also says that marital assets include all vested or nonvested benefits, rights or funds either spouse accrues during the marriage, including retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.

Property is nonmarital, or separate, if a spouse owned it before marriage or acquired it during marriage as a gift (not including gifts from the other spouse), or by inheritance. Separate property also includes:

(1) assets and debts that the spouses have defined in a valid written agreement as separate property,

(2) income from separate property, unless the spouses have treated the income as marital property, and

(3) items purchased with or exchanged for separate property.

Therefore the trust can evict your husband.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 11 months ago.

I see you have reviewed my answer, do you have any further questions? If not, please please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.