Legal Question in Family Law in Florida
What percentage of should I get from selling the house?
My wife are getting a divorce and selling our house. With the proceeds of th ehouse we will be paying off all outstanding debts. What would be the percentage I would get from what is left of the money? I have been the bread winner for 6 years, while my wife has stayed home to look after our son (4) and her disabled daughter from her 1st marriage (10). The children will be staying with her, but I will be paying child support for my son.
1 Answer from Attorneys
Re: What percentage of should I get from selling the house?
As a general rule of thumb all assets are shared equallly between the parties in Florida. Each of the parties would get 1/2 of the net proceeds after the payoff of the mortgage, payment of all sale expenses including but not limited to real estate commissions, title search, documentary stamps on the deed, title insurance (in some counties where the Seller customarily pays for the Buyer's policy), attorney fees, and any other expenses.
In this situation, you should be represented by an attorney who is knowledgable in both real estate law to see that your are not overcharged and in family law. Do not rely on the Buyer's attorney or title company. Make sure your interests are properly protected.
Scott R. Jay, Esq. 305-249-8000