Legal Question in Family Law in Florida
My wife and I divorced back in December of 2014. Per the marriage settlement agreement I assumed all of the personal debt that we had and she took the home and all debt on the home. However, per the agreement I signed a quit claim deed on the home and she was given 1 year from the date of the divorce to either refinance the home or sell it to remove my name from the mortgage. Since our divorce in December she has stopped paying the mortgage on the home and is now at the point where the bank may foreclose on the home. Do I have an legal standing to take her back to court for not paying the mortgage and ruining my credit in the process?
6 Answers from Attorneys
Yes, file an Emergency Motion with the court.
Yes. File a motion for contempt.
Send her a letter first demanding that she promptly bring the mortgage current. In the letter give her 10 days to do so, then pursue a Motion for Contempt/Enforcement. Have her served by process server. Retain an experienced family law attorney. If she has the means to, but simply refuses to pay the mortgage, then there is a decent chance the Court would order reimbursement of your attorney fees and costs.
It will depend on whether she has made good faith efforts.
I agree with Attorney Goldstein. I would file a Motion to Compel the Sale of the Home and request attorney's fees and costs. One thing to keep in mind that she has damaged your credit and that is a valid claim.
yes, file a motion for contempt/enforcement.
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