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?


Asked on 7/13/07, 4:59 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Division of proceeds from sale of marital home

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 7/13/07, 6:58 pm

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.

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Answered on 7/13/07, 7:25 pm
Sybil Sivic The Sivic Law Firm

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.

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Answered on 7/17/07, 10:21 am


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