Legal Question in Family Law in Florida
Division of proceeds from sale of marital home
I was divorced in 2001. The final divorce judgement was that my husband and I were to split the proceeds from the sale of our marital home fifty-fifty. He sold the home in 2005 without telling me, and used my half to put down on a new home for him and his new wife. Can I force him to give me my half?
3 Answers from Attorneys
Re: Division of proceeds from sale of marital home
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Yes. You can a Motion for Contempt in the original case for your ex husband's blatant violation of the Court's order in the Final Judgment. The Court should take this very seriously and take corrective measures against him. While a person will never be placed in jail for failing to pay monies ordered by a court, they can be incarcerated for violating a direct court order.
You should retain an attorney to represent you in this matter. Attorney's fees should be awarded by the Court for your having to bring this motion.
Scott R. Jay, Esq.
Re: Division of proceeds from sale of marital home
Yes. This can be done through a motion for contempt. The court has several tools at its disposition to compel your ex-husband to pay you back what was to be your share of the sale.
Re: Division of proceeds from sale of marital home
Yes. You need to retain counsel to file a motion for contempt on your behalf. The motion should contain a request for attorney fees against your ex-spouse for his direct violation of the final judgment.