How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118661
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

A friend of mine wants her x-fianc to leave her home. She

Customer Question

A friend of mine wants her x-fiancé to leave her home. She lives in WPB Florida. Only her name is XXXXX XXXXX home but he has been paying half the mortgaga and utility bills for about 3 years. He just got off a 1.5 year drinking run and out of alcohol rehab, a 28 day stay. But, continues his verbal and physical abuse to her. He is also on parole for another week. Problem is, he threatens her well being if she follows through on kicking him out and she is scared for her well being and possibly life. What steps should she take in having him removed from her home and what rights, if any, does he have if he refuses to leave? I've heard rumor about squatters rights in Florida but don't know if it'd apply. Also, sometimes she fights back, physically, and 911 has repeatedly frequented their home. Last time officers were called they said next time they'd haul them both in. Lastly, he's been an alcoholic for most his 50 some years with only a handful of years here and there alcohol free. I would assume she should not take her life safety for granted but what's the best way to have him out and stay safe. He's been imprisoned before and doesn't want to ever return but then, thinking, he could get so angry, start drinking again, and go nuts on her.
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
If he is not on the home, but has been paying bills he would merely be considered a tenant without a lease and would have to be evicted in the same manner as any tenant, with 30 day written notice and then filing suit for eviction against him. Just because he has been living there and has been paying bills does not give him any ownership rights in her property. If she has a fear of bodily harm from him then she can file a restraining order against him at the local clerk of court and have him removed from the home and then serve him the eviction notice and sue for eviction if he refuses to honor the eviction notice.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 8 years ago.
Clarification: So he does have an option to refuse to leave and she would be "stuck" with him for a period of time in the home or would the restraining order being done/ executed first, in anticipation of his refusing to leave, have him removed "immediately"? Relatedly, to sue for eviction: what does this mean? He would be able to stay in home til court decides?
Expert:  Law Educator, Esq. replied 8 years ago.
Correct, he does have the option of ignoring the eviction notice, and then she would have to go to the local court and filing a lawsuit for eviction. Of course, if she can demonstrate a reasonable fear of harm from him, then she can go and get a restraining order from the court which the police would then enforce to remove him immediately and she would serve him the eviction notice at the same time.

Law Educator, Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
I meant to pay total of $30.00. This price was selected when credit card info submitted. Did this amount post? If not, pls post this amt to attorney that answered my question.
Expert:  Law Educator, Esq. replied 8 years ago.
It shows you only paid one $30 charge, thank you.