Legal Question in Family Law in Florida
9-year-old divorce agreement
My ex-husband and I divorced in 1999. At the time, we had 10-acres of land (2 5-acre tracts). Our house was on one 5-ac tract and a d/w mobile home was on the other 5-ac tract. Upon divorce, we kept all the property in both our names as a joint tenancy and agreed to sell the house & 5-ac and split the proceeds 50/50; and I agreed to accept $8,000. for my interest in the remaining 5 ac with d/w mobile home. We have never sold the house and have continued to live together in the house. Since 1999, the value of that second 5-ac tract has increased tremendously; even given the current economic downturn, that tract is far more valuable than in 1999. Since we never even listed the house/5ac and have continued to live together, could that 1999 agreement be modified/set aside should we at some point finally put the property on the market? I'm 57 and he is 60. I just wanted to know if, since we haven't gone about enforcing other parts of the agreement if my acceptance of $8,000. for my interest would be enforceable against me, or could I successfully contest it if necessary.
1 Answer from Attorneys
Re: 9-year-old divorce agreement
Your situation is certainly an unusual one. Unfortunately, one would never know the answer about the $8,000 until they went before the judge, and the judge may very well find the other way. Unfortunately, it doesn't really matter that you all have continued to live together. I would suggest trying to modify now. Is your ex agreeable? Could you ask him if he would agree in case things turn sour in the future? If you both agree, modifying that would be pretty simple.
Good luck!
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