Legal Question in Family Law in Florida

In the State of FL--my ex is required to sell, refinance and buyout, or remortgage property in her name only in 3/11. Both names on deed, mortgage and note. The terms were that upon sale, equity would be divided 40% me 60% her minus $22K initial equity at time of purchase to each ($44K total). Since final MSA judgement, we have been through several issues, including a mortgage modification to prevent foreclosure, reduce payment and interest, where the legal fees from her refusal to pay the mortgage for several months was added to the back end of the loan, and increased the mortgage balance. Property values in SW FL have declined so much that it is presumed they will not recover in time for me to pursue my buyout, nor will she have the ability to refi due to the depressed value of the real estate. I will not quit claim deed without being off the mortgage. A partition is not an option. What are my remedies? Too bad so sad? I have also provided documentation to the lender for debt relief under Obama plan-no word back yet.


Asked on 3/12/10, 1:16 pm

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Hi. You don't have many options. If it's worth you taking the house back, you could convince her to quit claim to you and see if you can get the loan modified. It really depends how underwater you are. If it's worth saving, get it quit claimed back to you and get a loan mod. If it's not worth saving, I think your only choice is to let it get foreclosed.

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Answered on 3/17/10, 2:15 pm


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