Can a spouse be prevented from entering the marital home in Florida?

In Florida, if either spouse is locked out of the house without an appropriate judgment ordering the same, the spouse locked out can take action to regain entry to the marital property. Generally speaking, forcing your way back into the home is not advised and could lead to a domestic violence petition being filed by the other party. Instead, it is advisable to speak with a Florida divorce attorney and negotiate with the other spouse and/or his or her lawyer regarding which spouse will continue to occupy the residence during the separation or dissolution process rather than face the potential for eviction from the residence through a judgment by court order.

A word of warning! Vacating the residence prior to consulting with your Florida family law lawyer is not advisable as vacating the residence may have an impact upon time-sharing (child custody) and child or spousal support. Please consult with a Florida family law attorney prior to moving out of a residence that you occupy with the other parent and your children.

Email our Miami family lawyers today to learn how we can assist you with your Florida divorce, equitable distribution, time-sharing (child custody), child support, spousal support or related family law issue.  Or, telephone us at 305-222-7351.

Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Brickell Avenue in downtown Miami, Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.

When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

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