Legal Question in Family Law in Florida
divorce & division of property
the house where my ex husband and I lived went into foreclosure about 6mos before our divorce was final. he had moved out of the house & waited til after divorce was official to move back in the house with his new girlfriend. when i filed for divorce i stated that he could live in the house but that if the house was sold half of the profits need to come to me. I want my name removed from the deed and want him to either sell the house r buy me out. what can i do?
1 Answer from Attorneys
Re: divorce & division of property
Will there be any equity left after the foreclosure? If so, a check will be issued in both your names and the judge will, most likely, order the check to be split.
If the house comes out of foreclosure for some reason, you must file what's known as a partition action as part of the divorce. The judge will then order the house to be sold and the proceeds to be split between you.