Legal Question in Family Law in Florida

Divorce

6 years ago I was in the midst of bankruptcy and the IRS claimed I owed them over $500,00 in taxes. I was able to prove I did not owe taxes (actually rec. a refund of $30,000). But during all the stress I advised my wife of 35 years to divorce me. She readily took me up on the suggestion; however, I was able to clear up all my problems and told her there was no need for us to divorce. But she said that she thought we should go ahead and do it, that (and here is the statement in question) ''the divorce won't change anything anyway, it's just a piece of paper''. Well, it did. She has 'allowed' me to stay in a small BR in the house, but tells everone - incl. me, our children and g'children - that it is HER house and never asks for my input on anything to do with the house. I actually built the house ing '92.

The fact is that she grossly mislead me with her statement that the divorce ''wouldn't change anything''.

Q: Do I have any recourse? (rights)


Asked on 2/13/09, 8:23 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Divorce

I don't understand your question. Whose name is the house in? Did she receive the house in the divorce settlement?

If both your names are on the house, you can file a partition action, force the house to be sold, and split the proceeds with her. If only her name is on the house, then she's right.

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Answered on 2/14/09, 10:44 am


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