My Ex Moved Out During the Divorce in Orlando: Can I Do Whatever I Want to the House?

If you’re going through a divorce in Orlando, having the house to yourself might be a source of relief. You no longer have to worry about the stress of a failing relationship, and you can do whatever you want in the comfort of your own home. But is this really the case? What are some things you should avoid while “home alone” during a pending divorce in Orlando?

You Can’t Sell or Destroy Your Ex’s Things

Many spouses believe that once their exes are gone, they can sell or destroy any personal items left behind. This might include clothing, vehicles, fine art, collectibles, memorabilia, and sentimental items. Divorce is an emotional process, and some spouses may be tempted to simply destroy these items instead of selling them.

Both behaviors can have serious legal implications. Even though it might seem like your ex “abandoned” these items after moving out, they may still own them. As a result, you do not have legal permission to sell them until the property division process is over. Destroying the items might be tempting, but you may actually own 50% of these assets. If your ex’s collectibles or jewelry are valuable, you could be entitled to half of their value.

You Can’t Change the Locks to Forcibly Evict Your Ex

Florida does not have a separation period, and spouses can file for divorce without living in different homes. If your ex decided to move out, they technically have the right to return to the family home. As long as they are not being violent or threatening, you may have no power to prevent them from entering.

As a result, you should avoid changing the locks or attempting other strategies to keep your ex off the premises. If you change the locks, your ex could simply hire a new locksmith to get back inside. The family court also frowns upon this type of behavior, and changing the locks could make the rest of the divorce process more challenging.

You Can’t Sell or Renovate the Home

If you purchased the home during the marriage, it is probably “marital property.” As a result, you probably don’t have the right to sell it or renovate it without your ex’s permission. It makes sense to wait until the divorce is complete before considering renovations or home sales.

You Should Avoid Damaging the Home 

Although you’re free to enjoy the house, you should avoid doing lasting damage to the property. Your ex could point out this destructive behavior during property division, and the family court may subtract the cost of the damage from your share of the marital property.

Can a Divorce Lawyer in Orlando Help Me?

A divorce lawyer in Orlando may be able to help if you’re concerned about legal issues while living alone in your family home. While you should enjoy your freedom during this period, you should also avoid behaviors and actions that could cause legal issues. Expand on this conversation by contacting Steve Marsee, P.A. today.

Source:

flcourts.gov/Services/Family-Courts/domestic-relations-court-resources/dissolution-of-marriage-divorce