Legal Question in Family Law in Florida

Re: she got the house in Florida

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You will need to pay a fee to reopen the case. Then, file a Motion with the Court to require your ex wife to refinance the property and failing such for her to be held in contempt of court. If the court agrees, then she will have to do so or risk being held in contempt. The earlier order did not require your wife to refinance. The judge may or may not order her do do so at this time.

Scott R. Jay, Esq.

Re: she got the house in Florida

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Sounds like both you and your wife may have to take additional steps to comply with the Final Judgment.

Your ex may have been awarded the home, but if you did not transfer your interest in the property by executing a quit claim deed, she will be unable to refinance the home in her name exclusively.

If you did not execute a deed in her favor, check the county tax appraiser's office to determine whether your name still appears as an owner. If it does, this may be why she has not refinanced.

If you have effectively transferred your interest to her, there should be nothing holding her up.

Depending on how the home was awarded, i.e., as lump sum alimony, or in the court's equitable distribution scheme, you'll need to file a Motion to Enforce Final Judgment or a Motion for Contempt.

If she was assigned the mortgage debt in the court's equitable distribution of your marital liabilities, the only way for her to comply with the final judgment on a long-term mortgage is to refinance in her name.

Re: she got the house in Florida

You need to get an order from the court for her to refinance.