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Can I legally remove my wife's nephew out of my house?

Discussion in 'Marriage, Engagement, Domestic Partnerships' started by badmood, Oct 19, 2013.

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  1. badmood

    badmood Law Topic Starter New Member

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    I have a personal issue needs resolve and I search the whole forum trying to get answer but I couldn't. My house has both my name and my wife's name. We are living in Florida and both of us are citizens. My wife's nephew (about 24 years old) came to here last Summer as international student (F1 visa). He has full finance support from the school. The only reason he lives in our home is because my wife told me that he is new here and may need some help. Also she wants live with her relatives. More than a year passed, now he leaves my home at morning and returns my home at night every day. I did not know him before. I really do not like live someone with whom I am not familiar and the situation is getting worse recently. Almost all fights between my wife and me are due to him. I want him move out of the house immediately since he has no reason to stay: he has enough money to support himself. The most important thing is I do not want him stay anymore. But my wife does not want him leave. She would rather divorse me than letting him out. What should I do? I am not afraid of divorcing as long as I can get her nephew out of my house. Can I legally remove him out of my house or just ask police to evict him? Your help is greatly appreciated.
     
  2. army judge

    army judge Super Moderator

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    You'll have to start a legal eviction to have him removed.

    But, if you and your spouse are on the deed, she can thwart your wishes.

    If both are on the deed, it isn't your house, her house, it belongs to both of you equally.

    You can always divorce her, request the judge to partition the home (force it to be sold and split the proceeds equally between you).

    As far as you evicting him, I don't see it happening as long as she's alive and in the deed.

    The police have no legal authority to remove him, as long as he isn't being violent or abusive towards you.

    But, you're free to leave whether you divorce her or not.
     
  3. Betty3

    Betty3 Super Moderator

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    No, you cannot evict your wife's house guest. (not if you both own the house & both are on the deed) This is something you need to work out with your wife. Your wife can and obviously is allowing him to live there. Either you and your wife get on the same page or you divorce her & go from there. As army judge said, you can always leave.

    Sorry.
     
  4. Proserpina

    Proserpina Moderator

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    Forcibly evicting him without going through the legal process can land you in big trouble, including having to pay him damages.

    You cannot change the locks, either. (Well, at least not without giving him a key to the new locks)

    The police will not (and cannot) force him to leave permanently.
     
  5. mightymoose

    mightymoose Moderator

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    Have you tried simply asking him to leave?
    Help him to find a place of his own and maybe assist with the moving costs to make it easy for him.
     
  6. badmood

    badmood Law Topic Starter New Member

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    Thank you all for help. I did not communicate him yet. I do not think he will leave unless my wife tells him to do so. It's so sad to hear that I can not legally get ride of him. My wife and I had many unpleasant talks on this matter in the past so I do not want start any talk any more. I have son at age 6 to take care so I can not just leave the house. I need send him to school in the morning and pick him up afternoon (my wife can not do that). Seems like divorce is the only way to go? Does the law favor my side due to my situation if I file divorce?
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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    Without know the circumstances on both sides of the purpose Divorce battle we really cannot say
     
  8. army judge

    army judge Super Moderator

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    Divorces, these days, favor neither party. Adultery, abuse, neglect, it mostly doesn't matter. Usually assets are split 50-50, house is normally sold. The only issue to determine is who gets the kids, and how much support is paid.
     
  9. badmood

    badmood Law Topic Starter New Member

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    Thanks army judge. We share several other properties so we do not have to sell the house after we divorce. I believe I know what action I need to take now after reading all replies here. I really appreciate all helps here. This is good forum and I will visit frequently.

    Another question, may be related to my topic or may not. What legal action I can take (if there is any) to get bank report from all my wife's accounts if she refuses to release that to me? I know she has several bank accounts, some of them has my name but some of them do not. Is there any legal way to get all bank accounts under her name? I know all her money are shared with me by law and I do not mind how much money she spent on her or on my kids. But things are getting out of control since her nephew came here. I suspect that she gave money to her nephew or his mother (who has been living here for half year and just left) without letting me know. I asked her to show me monthly transactions of all her bank accounts but she refuses to do so. I am wondering if I can get statement from all her bank accounts by law. By the way, we have several rantal properties. I pay all mortgage and she collects all rental fees. Rentals normally are payed by checks but occationally they are payed by cash.

     
  10. shrinkmaster

    shrinkmaster Well-Known Member

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    Any account(s) with your name you have access to any without you do not
     
  11. Betty3

    Betty3 Super Moderator

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    Any accounts with your name only or both names (jt. accts.) you can get access to. Her accts. only - no.
     
  12. badmood

    badmood Law Topic Starter New Member

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    Thanks Betty3. Sorry I am slow here. I do not understand why I can not legally gain access to any bank accounts under her name only. She opened those accounts after we got married so by law we share any money she deposits into those accounts. If bank can not prevent her opening an account under her name only, I should have some legal way to gain access to those accounts since those accounts have "my money", right?


     
  13. army judge

    army judge Super Moderator

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    Florida is NOT a community property state.

    http://divorce.lovetoknow.com/List_Community_Property_States

    There are only nine community property states.

    Your divorce lawyer will direct you as to what steps are required to gather additional information.

    Hire a lawyer, don't try to do this on your own.
     
  14. badmood

    badmood Law Topic Starter New Member

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    Thank you. I will talk to her to release all her accounts before I hire a lawyer. If she refuses me, is divorce the only way to gather those information?

     
  15. Proserpina

    Proserpina Moderator

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    No, you're wrong.

    On several counts.
     
  16. army judge

    army judge Super Moderator

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    You talk to her, request she release the information, she'll tell you to bugger off, take a short walk off a long pier, then she'll hide the money even better.

    You'll never learn anything the way you're proceeding.

    She has no duty to tell you anything.

    Talking to her is stupid.

    She doesn't care what you say or think, she doesn't need to care.

    Your marriage isn't worth much in her eyes anymore, maybe it never was.

    That's why if you're smart, hire a lawyer, behave normally, keep your mouth shut, wait, let the lawyer do the hard work.

    You're about to be taught a very tough lesson if you persist in bullying and badgering her!!!!
     
    Last edited: Oct 21, 2013
  17. mightymoose

    mightymoose Moderator

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    If money is an issue consider moving everything you have access to into an account she does not have access to. Failure to do that may allow her to do it first.
     

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