Legal Question in Family Law in Florida
Divorced but now a lot of legal issues:
Final Judgment of Dissolution of Marriage � Entry was made September 1, 2005.
Marital home �
Wife awarded sole ownership of the marital home. Husband signed a Quit Claim deed to the property.
The wife shall, by January 1, 2007, refinance the marital home otherwise cause the Husband�s name to be completely removed from any and all liability on the existing mortgage. In the event she does not have the Husband�s name removed from liability by January 1, 2007, she shall immediately list the home for sale by a licensed Florida realtor and sell the house for at least enough to pay off the underlying mortgage obligation. The Court reserves jurisdiction to enter any orders necessary to effectuate or enforce the provisions of this paragraph 9a.
September 22, 2008 � Modification to Divorce for child visitation, vehicle she did not pay for, judgment she was responsible to pay and did not � garnished Ex-Husbands wages for balance of judgment and contempt of her not refinancing marital home.
During mediation, Ex-Husband agreed to extend the timeframe and the Ex-Wife shall, by March 1, 2009, refinance or have the Ex-Husbands name completely removed from the marital home.
Currently � The Ex-Wife has not been paying the mortgage, and the 2 payments she made in January 2010 were returned by her bank and no payments have been made since. The mortgage is currently 8 months behind (Owing September 2009 forward for a total of $7,021.59).
Our questions are:
1 � Can the Ex-Wife be held in contempt for not removing the Ex-Husbands name and now the mortgage is seriously delinquent and on the verge of Foreclosure. And what does contempt really mean? How does the Court handle this?
2 � Can the Court reverse the quit claim deed or enforce her to sign a quit claim deed back over to the Ex-Husband and remove herself from the property so that the mortgage does not go into Foreclosure and he can salvage his credit?
He pays her child support directly to her in the amount of $323.08 bi-weekly and has not missed a payment, her mortgage payment is $761.77 a month.
What can we do? What are our options? If she�s not making payments and we would like to take the house back to stop any Foreclosures can we do this? With the market as it is, selling may not be an option. The principle balance is $62,000, but the house needs work and we are tired of extending time frames when she�s not holding up to her obligations.
1 Answer from Attorneys
Perhaps husband can simply request that the wife quit claim the house back to husband. Given that it's in foreclosure and she's about to lose it anyway, she might not have an issue just quit-claiming it back. If that doesn't work, then yes, you could go back to court to try and work this out in court. On the other hand, if there is no equity in the home, you might be better off letting the house be foreclosed.
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