Legal Question in Family Law in Florida
Wife and I divorced in 06-2015
We agreed to live together and split mortgage and some bills
We have a clause in our uncontested divorce that says if either party cannot pay the mortgage for two months they forfeit their share and claim to the house.
She has not paid one month and only a token amount ($10.00) on the second. The third is rapidly approaching
Do I have grounds to evict now or wait for third month and possible non payment.
4 Answers from Attorneys
Doubt it. I would have to read the decree.
You kind of broke your own agreement when you both remained in the house. She is entitled to an equitable portion for maintenance so I would doubt that your Order will hold in court if she challenges it.
Judges hate forfeitures so I would anticipate problems enforcing. Have the documents reviewed by a local attorney who is familiar with this Judge.
File a motion for contempt/enforcement.
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