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jb156200
jb156200, Lawyer
Category: Family Law
Satisfied Customers: 216
Experience:  I am a licensed practicing attorney in Tampa, Florida.
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Can my son in law prevent me from staying in the home with

Customer Question

Can my son in law prevent me from staying in the home with my daughter and grandsons
Submitted: 6 months ago.
Category: Family Law
Expert:  jb156200 replied 6 months ago.

Good Afternoon. My name is ***** ***** I am a licensed attorney. For starters which home are you referring to? The son in laws home or your home?

Expert:  jb156200 replied 6 months ago.

Is your daughter and her husband in agreement?

Customer: replied 6 months ago.
My daughter and son in laws home
Expert:  jb156200 replied 6 months ago.

If the home is in both your daughter and husband's name, then your daughter has a 50% interest in the home and is allowed to invite guests without the permission of her husband the other 50% owner.

Customer: replied 6 months ago.
Can I spend the night? She will have possession of the home under the decree
Expert:  jb156200 replied 6 months ago.

Yes. If your daughter lives in the home and is at least a part owner, then she is allowed to have overnight visitors. The only way your son-in-law could prevent you is if he owned the home in his sole name or he obtained a court order denying you visitation rights.

Customer: replied 6 months ago.
He sent her a financial draft with language that say no other person would reside in the home for more then 30 nights in a calendar year
Expert:  jb156200 replied 6 months ago.

First it is just a draft and therefore does not have any legal authority unless both parties agree and sign same. Second, if your daughter is getting the house as part of a divorce or separation, and the deed will be in her sole name, then her husband cannot dictate who stays in the home or for how many nights.

Expert:  jb156200 replied 6 months ago.

Do you have an additional question or need clarification regarding this matter?

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