Legal Question in Family Law in Florida

I have a question about a mortgage & how it can be resolved in a divorce.

Long story short, wife & I have a $1800 house mortgage that has both of our names on it.

I caught her cheating (cyber affair), she did not want to reconcile & now we are heading to a divorce.

We have jointly decided that we should sell the house.

She is a nurse & has told me that she is wanting to go on travel nursing jobs (in Florida, our home state). My plan was for me to stay in the house & make improvements until it is sold (repairing, painting, etc)

She has sent me an agreement that she would pay $400 a month for a maximum of 9 months, in order for us to sell the house. Since this is what she paid while we were married for utilities...I paid the mortgage each month.

I have learned now that travel nurses get either free housing or they get a stipend for housing from the travel agency that they go with. I also understand that it is tax free if they have a permanent house in the state in which they live.

What are my legal standings with her doing this? I do not feel it is fair for her to only pay $400 of our mortgage while she gets her housing for free as a travel nurse.


Asked on 8/17/12, 4:52 pm

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

First of all why are you giving her anything? How long have you been married. Don't you know that in Florida there is equitable distribution not community property. In other words if she did not contribute to the maintenance and payments of the house, why should she be entitled not to mention she should be sanctioned for adultry. Yes, you can mention adultry in the divorce documents. Also since she is not paying a house payment and is earning an income, why don't you ask for support.

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Answered on 8/18/12, 7:40 am


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