Legal Question in Family Law in Florida
My mother left her husband and the home that they bought together about 4 yrs. ago. The home is in his name only. They are still married but have not lived together for the 4 years. She hasn't been in the home during that time either. He is in jail now and may be for some time. Is it ok for her to go back and take up residence there?
2 Answers from Attorneys
This cannot be answered without more information. If there are any judicial orders in place concerning the home, they may control; if litigation was filed but is holding pending the husbands release from jail a court order may be necessary. If a foreclosure is pending then she needs to contact the mortgage company. If the property is Homesteaded she has a valid claim.
The short answer is maybe; are there others residing in the home? What are the circumstances of such?
the home is marital property and she generally has rights to the property, however whether she just moves right back in wouuld depend upon many other facts. You should have her confer with an attorney (usually through the local bar association you can get a low cost consultation).
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