Legal Question in Real Estate Law in Florida

Can Court force sale of marital home?

Home bought jointly in 200

Mortgage $63,000

House is currently worth approximately $55,000

House is currently a fixer upper and needs about $3,000 to 5000 worth of repairs.

We owe another $2,550 new kitchen cabinets and appliances.

Wife refuses to repay her half

Wife refuses to pay half of the mortgage.

Nov 02 - Wife announces that she is having an affair.

Jan 03 - Wife moves out taking all her belongings.

January 2003 - Without atty(can't afford one) I filed for divorce thinking that it would be a mutually agreeable thing to do since the only asset that hasn't been divided between the two of us is the house.

Wife refuses to sign Quit Claim deed.

Wife and her atty insist that house be sold or refinanced for the sole purpose of removing her name from the deed and mortgage.

Can the court order the sale or auction of the home, as her atty says it can when we are upside down on the mortgage and would still be owing to the bank after the forced sale which would force me into a bankruptcy?

Can I file some kind of Motion to get a ruling from the judge?

Should I continue to borrow money to make the monthly mortgage payments or let it go into default?


Asked on 4/29/03, 11:27 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Can Court force sale of marital home?

1. If you do not pay the mortgage the lender can foreclose, sell the house and obtain a deficiency money judgment against you & your wife for the balance of the mortgage due.

2. You can try to buy out your wife and get a quitclaim deed from her if it does not violate the terms of your mortgage.

3.If you cannot agree, a partition may be ordered by the court where the property is sold off with the proceeds going to pay off the mortgage.

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Answered on 4/29/03, 1:08 pm


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