How do I get my ex-husband out of my home? We were divorced in 2012 and I got the house in the settlement.

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We were divorced in 2012 and I got the house. He has an addiction problem and I'm just making it easier for him to continue his addiction. It's gotten out of hand and he has become a liability. Can I just call 911 to have him taken out of my home? I truly need help with this.

Attorney Answers

4
James D. AllenPersonal Injury LawyerJacksonville, FL ·
If he has no rights to the property, then he is probably trespassing. Ask him to leave and if he fails to comply, contact the police. You may want to speak to an attorney about obtaining a restraining order to make sure the issue is not repeated.
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Quintin Lewis ·
Attorney Nemiro is correct. Review your settlement agreement/order carefully. If the order grants you sole ownership of the marital home, then that order is enforceable. In addition to getting the police involved, any material violation of the order is can subject the violator to being held in contempt of court. Good Luck!
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Thuongtri Nguyen ·
Without a court order, the police is not going to get involved in a tenancy dispute between you and your former husband. You can certainly call the local police and see what the police would do for you. If the former husband has been paying you rent, you can use the residential landlord-tenant unlawful detainer process to have the sheriff remove the former husband once you have given him the proper notice to vacate, filed a lawsuit, obtained a judgment, and a writ of restitution. Unlawful detainer can result in the sheriff being at the door to remove the tenant in about 3 weeks. If he has not been paying you rent, you may have to use the ejectment process. Ejectment likely will take several months. Depending on the language of the decree of dissolution, you may have options via the family law court. If the former husband has been threatening you or someone else in the household, that likely is a criminal law violation for which the police may arrest him. You should review the specific facts with your attorney to find out your legal options.
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