Legal Question in Family Law in Florida

The ex is living in a home that had a mortgage on it signed by my husband and her, deed in both names, State of FL. We filed bankruptcy and included that mortgage. His name still on deed. In March of '11 she is supposed to sell the house or reimburse him $22K for downpayment of home. There is not a contingency clause in divorce agreement that states this money has to come as a result of sale of the home. Does his filing BK preclude him from getting a judgement against her? And what is the right paperwork to file? Civil motion for default of marital settlement agreement?


Asked on 11/03/10, 3:40 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If the divorce decree does not state where the money is to come from and she has until Mar of 2011 then you have no redcourse against her.

She has not at the point done anything that would result in a contempt motion against her.

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Answered on 11/09/10, 7:43 am


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