Legal Question in Family Law in Florida

What are my rights concerning the sale of jointly owned home after divorce 2002?

The final divorce papers read as follows:

The parties own a marital home located at_____ Florida. The wife shall have exclusive use and possession of the home until her son ____ completes highschool. Upon the child's completion of highschool the home shall be listed for sale. The proceeds will be divided 50/50. My son completed highschool nearly five years ago. On each occasion where I have had opportunity to speak with my ex and discuss the sale he has become belligerent and told me he will not sign any paperwork or agree to sell. He does not want to because any proceeds he receives will be taken to pay off judgments made against home since the divorce. I no longer wish to live here as all children have left home and it is more than I can handle. He lives in another state and moves from place to place. What steps do I need to take in order to remedy the situation?

I agreed to pay the mortgage while living here and have over the last nine years. I've received the tax benefits.


Asked on 9/04/11, 5:31 am

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

The house is probably upside down in todays market and the reason he does not wish to sell is so that he can hope to gain money in the future. You would have been better off having sold right after your son graduated. Be that as it may, you need to file for enforcement of the divorce decree for the sale of the house. You could put him in contempt afterwards if he does not sign the necessary papers to accomplish that goal.

Read more
Answered on 9/04/11, 8:45 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida