Legal Question in Family Law in Florida

Type your question here...Before I got divorced from my ex, we were in the process of buying our home. Once divorced, he was given the option to buy me out based on the equity we had in the house which was appx 40,000 or so (my share) or sell out and split the equity. He called me and said he could not get the house refinanced unless I signed it over to him. Of course I called my attorney and told him what my ex had told me. His reply to me was "well if that is the only way then go ahead and sign it". We have been to court on this matter several times and it has always been in my favor. In between one of these court cases, my husband and myself went to speak with my attorney. During this meeting my attorney asked me how did it happen that he ended up with the house, I told him about our previous conversation listed above and his response was "Oh, I should't have told you that". At first my ex was told to pay me $100.00 per month, the last court date appx 8 months to a year ago the Judge told him to start paying $200.00 per month because $100. didn't even cover the interest accruing on the money owed to me. I have not recieved any money since that court date nor has my attorney returned any of my calls. I am out a lot of money in these hard times because of bad representation. Any advise or help in this matter is greatly appreciated. I feel I am lost in the law somewhere.

Thanking you in advance,

Donna Jackson


Asked on 9/23/09, 3:45 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Yeah, that was some bad advice that I see a lot of attorneys giving lately, now that houses are upside down. I'm assuming the refinance never happened. You may be able to file a motion for contempt or enforcement (again) to get your money, but I suppose that route isn't working so well for you.

Have you thought about suing him in civil court? If (probably "when") you win, you can put a lien on the house. You might also be able to garnish wages, take his car, etc. A civil lawyer can help you with that. Are you paying child support or alimony? You may be able to offset it.

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Answered on 9/23/09, 4:26 pm


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