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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Florida and want to know if my son and I move out

Customer Question

I live in Florida and want to know if my son and I move out of the house are there any negative repercussions in the divorce proceedings? My husband will not move out and I would prefer not to go the route of a court order.
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) Whose names are ***** ***** home's deed/mortgage documents?

2) Are you going to fight for custody?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Both of our names on are on the deed. We have been married for almost 20 years and our son is 18. We will not fight for custody. We get on fine - I just sleep downstairs and the ongoing low threshold tension is taking its toll. He has been resistant to move out and that was fine because my son needed a little stability but it's time to move on. My son is 18 in November so no custody issues. I have been trying to resolve this in the least acrimonious way possible and I am going to speak with him when he returns from his next business trip. I just wanted to understand my options. I have spoken with an attorney in the past but my husband was out of the house so I it was not a question I asked her at the time. I just want to know my options - my goal is to the sell the home.
Expert:  Ely replied 1 year ago.

Thank you.

If both of your names are ***** ***** home, then that makes it community property subject to division. The Court would then have a decision to:

-give the home to one of you, or

-sell it and divide the proceeds.

Normally, the Court prefers to give the home to one of the parties if one of the parties wants it. If someone in your situation moves out and he still wants the home, the Judge would likely naturally be more inclined in allowing him to keep it (and to have its value be credited towards you in the division of other communal assets).

So there are not likely to be negative repercussions, but the above stays true.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.