Legal Question in Family Law in Florida

Ask the court to sell the house and divide the proceeds.

Agree with Ms. Becude, also you can try and buy out the Husband, or forfeit your interest and walk away (Not Recommended)

Great question, I run into this problem all the time. You have a couple of different options. One option is as described by the other lawyers - have the court force the sale of the house. Another option is to enter into an agreement with your husband that you will remain as a co-owner, that either he or a tenant will pay the mortgage and all bills associated with the house, and that he will indemnify you in the event of a problem. Then at some future point in time, sell the property and split the proceeds. That future date could be indefinite or you can choose a definitive date.

However, anyway you look at it, the only way to get your name off the promissory note is to either have him refinance or sell the property. Any other option is a risk for you and if you cannot show rental income on the property, it will impede your ability to purchase real estate in the future so long as your name continues on the promissory note. Good luck!

1. Have the property sold.

2. He lives there and pays the mortgage.

3. You live there and pay the mortgage.