Legal Question in Family Law in Florida

I am about to get divorced from my husband. Both of our names are on the mortgage because I was told in Florida his name had to be on it, regardless if he paid for it. I put the down payment on the house, I paid for all major repairs (80k +). When we separated he left the house, its been 6 months and I have been paying the mortgage. We have two kids, and this is where they want to be. He says he will force the sale of the house and demand 50/50 split of the profit. I do not want to sell the house. Can he really force the sale of the house just because his name was on the contract?


Asked on 7/26/17, 6:12 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

It depends. Have he invested any funds into the property. How long were you married? Can you show that the funds that you used to purchase the house were not co-mingled funds and also the 80K repairs came from your assets only. If you can, then no, he has no claim for 50/50. He may have some claim, depending on the length of the marriage and what he contributed in the marriage. Remember this is an equitable state not a 50/50 state. If he put nothing in, he gets nothing out.

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Answered on 7/26/17, 10:22 am
Robert McCall Law Office of Robert McCall

Cannot make a yes/no answer without doxument review. Discduss this with your attorney ASAP. You probably need professional assistance on this matter.

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Answered on 7/26/17, 10:35 am


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