Legal Question in Mediation in Florida

one spouse owning house

When a house is in one spouse's name, can he/she set rules of who comes to visit or stay for an indefinite period of time


Asked on 3/09/07, 4:50 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: one spouse owning house

Pardon me for perhaps stating the obvious, but if one spouse is setting the rules about who can walk in the house, to the exclusion of the other spouse's wishes, the least of your problems is the legal question you present.

If the house was bought with the separate funds of the owner/spouse prior to marriage, then he probably can -- legally -- set the rules. If the house was purchased with joint funds, there is probably some type of equitable legal interest. If divorce proceedings are commenced, the court will determine who "gets" the house and then makes the rules or whether the house must be sold (so that neither one of you will make the rules).

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Answered on 3/12/07, 9:46 pm


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