Legal Question in Real Estate Law in Florida

i divorced in florida and the property settlement agreement we signed says if my ex misses 3 payments property goes to me otherwise it is his. he will refinance when he can. he has credit card debt now and i dont think he is able to refinance. the problem is my name is on mortgage also and he is getting remarried. if anything happens to him will his new wife be part owner of house also if he does not refinance?


Asked on 1/16/13, 6:16 pm

1 Answer from Attorneys
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

If your husband does not refinance, your only recourse is to file a motion to compel or motion for contempt and ask for the property to be sold. No, your ex-husbands new wife should not have any interest in the property, even if she assisted him in making payments if her name is not on the title, mortgage or note. Go back and talk to your family law attorney and if there is any equity, you might want to push to have the property sold.

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Answered on 1/17/13, 7:49 am


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