Legal Question in Family Law in Florida
I am in the middle of a divorce in Florida. The wife will be getting the house, but I would like to add a few conditions to this:
1. She must refinance within 12 months to remove my name from the loan. During this time, all payments must be made in full and on time.
2. If the house is not refinanced within 12 months, or the payments are not made in full and on time, she must do one of the following:
A. Sell the house. The selling price must be enough to cover all payoff costs of the loan. Any amount over wil be equally shared among myself and her.
OR
B. She must Quit Claim the house to me and move out. I will move in and assume ownership and sole financial liability until I can refinance the house in my name only or sell the property.
Can I do this? Would it be enforceable? And how would I do it, just type it on a sheet of paper, or would I include it on a particular form?
1 Answer from Attorneys
That you are not represented by an attorney is assumed in this answer. You may benefit from review of the basic dissolution of marriage procedures outlined online. You and your wife can resolve all such issues through a Marital Settlement Agreement which is incorporated in the divorce order. An attorney can guide you and represent you, or you can explain the issues to a judge. So long as the agreement relating to the residence is reasonable in terms of Florida law, you and your wife can state in writing how the residence issues will be resolved. Your outline appears reasonable depending on the current equity existing in the property.
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