Legal Question in Real Estate Law in Florida

I've been divorced since November 2010. My ex and I still own our home. He has not paid any $$ towards the mortgage, taxes, etc. I've offered to buy him out and was in the process, appraisal etc., they he said NO way would he let me buy him out or even sell. He wants to wait until our son is 18 and then sell. But the problem is that I agreed in the divorce papers (just to get it over with) that myself and my son would live in the house as long as I could afford it and if not then he has the opportunity to move in and he pays for everything. And then the house would be sold when the son is 18. But, its also in the papers that I cannot deduct any $$ for all the years that I'm paying the mortgage, etc from his portion of the profit at the time of closing. He absolutely refuses to let me buy him out, he believes he should get way more than what the house could be sold for minus the mortgage, etc. I believe I agreed to and signed the divorce papers to this only just to get this done and over with. Can you please tell me more about the 'forced partition' or what other options I have? Thank you, Anna

Asked on 10/07/14, 12:41 pm

Barry Stein De Cardenas, Freixas, Stein & Zachary

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Have an attorney review the settlement agreement and Court order from your divorce case. That will limit your entitlement to a partition action.

Answered on 10/07/14, 1:12 pm

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