MY LONGTERM PARTNER WILL NOT LEAVE MY HOME

Has the long-term relationship ended?

You have asked your Ex to leave the home.

Weeks have gone by, and they still will not leave.

You have lived together for weeks, months, maybe years.

Do you own the home?

Did your partner help with a down payment of the home?

Do you have a joint bank account?

Does your partner contribute to the mortgage payments?

Contributions towards the taxes?

Contributions to homeowners’ insurance?

Contributions to home improvements such as, but not limited to, new floors, air conditioning, roof, landscaping, pool, additions?

If the answer is YES to some or all these questions, then the proper legal remedy to remove your partner is an Ejectment action.

What is an Ejectment action?

Florida State Statute Chapter 66 governs Ejectment actions.

An Ejectment action is filed when the title owner of property or a person with superior rights is asking the Court to remove the person in question and recover possession of the property.

How is the Ejectment filed?

The action is filed in the Circuit Court, and the complaint must be accompanied by a chain of title.  The chain of title is record evidence of the history of all the title owners to the property in question.

What happens after the case is filed?

The person must be served by a Florida certified process server.  Once the person is served he or she will have twenty (20) days to respond to the complaint.

What happens if a response is filed?

If the person files a response to the complaint, he or she may limit the defense of betterment. However, they are not precluded from filing other potential defenses. 

Betterment essentially means the person is alleging that they have made permanent improvements to the property and those improvements have enhanced the value of the property.  The Judge will need to assess the present value of the permanent improvements.

Can I file the case on my own?

The short answer is YES, as many local Florida Clerk of Courts may have self-help forms available. However, it is prudent to speak with an attorney to analyze the facts and issues, and discuss the potential outcomes.  If the case is not filed properly, it may delay matters, be dismissed, and cost more expenses.

We handle cases in Pinellas County, Pasco County, and Hillsborough County.

If you would like to schedule a consultation to discuss your case, you can contact Venessa Bornost, Esquire at (727) 330-7800.