Help getting back into my home

[cazzie36345]

I'm currently living with my husband and 3 year old child. My husband and I are separated but due to the financial issues we have to continue living with him. I am in desperate need of legal help to get my home back in Headland Alabama. We allowed my husband's family to temporarily rent the home while I worked in Florida for 3 month travel contract, my husband had a verbal agreement with his brother and I'm not exactly sure what terms he and his brother agreed to, but he assured me that his family knew this was only to be a temporary situation, and once we were ready to move back they would need to find other living arrangements. My husband and I separated (not legally) while we were away from home, and he since rented a home in Florida and found a full time job in the area. I have attempted to talk to my husband several times to please speak with his brother to arrange something with his family so they can move out so my child and I can go home. He refuses to do so and his family won't speak to me regarding the housing situation and refuses to move out without talking to my husband regarding it to which he ignores and tells them that we are fine and living with him. My husband originally paid for the home in 2003, but shortly thereafter took a mortgage out to buy his mother a home. The mortgage and deed is in my name, his name is on the deed only and I am the one who has helped pay the mortgage all these years. My credit is in shambles now due to many late payments on the home. But my child and I are stuck living with my husband in an unhealthy situation and are not able to go home because I don't know what steps to take to get his family out so we can go home. I don't have money right now to afford a lawyer as I have not been able to consistently work since my travel contract ended and we separated. We just want to go home and get out of this situation and I don't know where to turn or what steps I need to take to move forward. Please help. Thank you so much.

Additional information: They have rented the home from May 2012 til now.

 

[mightymoose]

You need to begin an eviction. You can research and learn about the process, but you may have some difficulties trying to do it from Florida without legal assistance in Alabama.
Basically you are the landlord and they are the tenants. Learn the process, follow it precisely, and you will eventually be able to force them out legally.

 

[cazzie36345]

What steps would I need to take to find low cost legal assistance with this matter.

My other concern, is that my husband would try and move with us back into the home once I evict his brother just to try and continue to control the situation, would he be able to do this?

 

[Proserpina]

You need to begin an eviction. You can research and learn about the process, but you may have some difficulties trying to do it from Florida without legal assistance in Alabama.
Basically you are the landlord and they are the tenants. Learn the process, follow it precisely, and you will eventually be able to force them out legally.

Apparently he's on the deed, which does change things.

 

[disagreeable]

Your problem seems to be you permitted the initial lease of the property. I believe it will take a courts order for your husband to terminate his interest in the lease along with your own. A divorce filing is what is likely required. Your problem appears to be legal residency to accomplish this. I am not sure how much longer you need to reside in FL to file.