Legal Question in Family Law in Florida

post divorce/civil rights

Iwas awarded exclusive use and possion of my home, upon sale of home awarded the proceeds w/ husband receiving the first $15,000.

My realitor was appointed a general magistrate who accepted a contract for less than $200,000 below market value. Brought the contract before the judge who approved the sale. A writ of possession followed forcing me to leave my home to the streets, w/o any $$ in my pocket. There will not be a closing due to misrepresentation w/ buyers & myself (realitor) My Ex is a Family Dr. of 26 yrs. Realitor is not sharing offers re: an addendum buyers can add to present contract, if accepted by realitor/Ex, the writ of possession may be reversed.

I am being left out, being one of the significant parties. Is my civil right being taken away here?


Asked on 8/11/07, 5:21 am

2 Answers from Attorneys

Re: post divorce/civil rights

I'm not sure I understand all the details given here. What I can tell you is that if the judge approved the sale, the only thing you can do is ask him to change his mind; to set order aside. Depending on the value of the home, $200,000 below market is not equitable if it keeps you from collecing your $15,000. If the home is valued in the millions, of course, with this market, the judge may not have a choice but approve a sale that at least liquidates that asset. It depends on the facts.

I am surprised that a realtor working for the family has become a party in your legal action.

You do not say whether there is anything in your final judgment stating when the sale must take place...

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Answered on 8/11/07, 5:55 am
Scott R. Jay Law Offices of Scott R. Jay

Re: post divorce/civil rights

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.

No, what the court has ordered has nothing to do with civil rights which are not being affected. You have a mistaken idea of the defintion of civil rights. On the other hand, if you disagree with what is happening or the misreprentations of the realtor, then have your attorney file a motion for modification of the final judgment based on the facts which have transpired.

Scott R. Jay, Esq.

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Answered on 8/11/07, 1:46 pm


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