Legal Question in Family Law in Florida
Divorce agreement not being abided by
At the time of my ex-husband and I's divorce, we owned a house that was in it's pre-construction phase with a one-year clause that forbade selling it within the first year after closing. We agreed to sell the property a year from the date of closing with the occupying person (my ex) paying the morgage in full and spliting the prop. taxes, ins and equity 50/50. My ex has refused to sell the property or even attempt to sell the property. He said that he would re-fi to buy me out and went so far as to our spliting the cost of an appraiser, but at the last min, he changed his mind. It's been almost two years since the date of closing. How can I force him to abide by our divorce agreement? I am about to lose my job and am still in school full time and really need that money.
2 Answers from Attorneys
Re: Divorce agreement not being abided by
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.
If your ex husband refuses to abide by the agreement, then you can file a motion with the court to require him to do so. The court can appoint an attorney ad litem to act in his place and sell the property if necessary. He can be held in contempt of court for refusing to cooperate.
Scott R. Jay, Esq.
Re: Divorce agreement not being abided by
You can petition the court to enforce the final judgment. You can motion for contempt.
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