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  1. #1
    Join Date
    Sep 2016
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    Default Can You Evict a Tenant After Getting a Home in Divorce

    A couple in Florida is divorcing. The husband is going to acquire a condo that is presently titled to the wife, with the conveyance to be completed when the divorce is finalized. The wife has a tenants in the home, and the tenants will have six months remaining on their lease when the husband gains ownership of the condo. Can he evict them at that time, or can they stay in residence until their lease ends?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Evict a Tenant After Getting a Home in Divorce

    Under most circumstances, the lease will remain in effect. The couple can ask the tenants to acknowledge the change of ownership and that post-transfer rent payments will go to the husband.

    If there was something in the title history at the time the tenants entered into the lease that would ostensibly have put them on notice that the transfer might occur, the husband might be able to argue that he can end the tenancy on that basis; but it is unlikely that any documents were recorded and, further, even if something appears in the title history it will be necessary to have a lawyer review that document and the lease and advise accordingly.

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