Legal Question in Family Law in Florida
joint property
Daughter, married 7/9/05. Sold her home in order to move into husband's home. He told her repeatedly during marriage that it is HIS home. Husband begins abusing drugs - addicted, etc. She leaves and returns to him (stepmother to his 2 children, that she loves dearly) several times. He entered rehab, and she paid mortgage and rehab fee for a month. They purchased property next to his home jointly. She put down $10,000 cash of her money. The property is worth about $30,000 more than they paid for it. She finally left him and filed for divorce 12/14/06. Did not believe he would refuse to cooperate. He has not responded. It has been 20 days since he has been served. It is difficult to reach her attorney. What legal means can she use to force him to sell the property? Any? How can she legally get him to pay her fair market value of her half this property? Please advise. She is an elementary school teacher - and does not have thousands and thousands of dollars for attorneys. Thank you.
2 Answers from Attorneys
Re: joint property
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
She (you?) must discuss this with her attorney. It would be improper for me (or any other attorney) to comment on this matter while she is represented.
Scott R. Jay, Esq.
Re: joint property
As previously stated, if she is represented, the attorney will (should) go over the process with her. There are procedures and recourses for this type of circumstances. She should end up with her fair share.
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