Legal Question in Real Estate Law in Florida

trying to draft a separation agreement but not sure how to write a resolution for the marital residence. has about 100k of equity. agreed to let wife and child stay for three years until graduation of child and pay wife 500 month for 1/2 house payment. market is not good for selling now. house has line of equity credit of 75k. thinking of borrowing against that to offset the $1700 a month in alimony child support ins ect. wife thinking of refinancing in her name, then the line of equity is not an option.. sure there are creative options, but not sure how to write this...and want to think of best solution...ideas?


Asked on 7/13/10, 6:23 am

1 Answer from Attorneys
Richard Kaplan

This is a Family Matter, not Real Estate. However, you should know that Florida does not have provisions for a Separation Agreement. You are either married or not. You could have a post-nuptial agreement, but it would be foolish to try to do this without a qualified attorney. Otherwise, it will be highly likely to be unenforceable.

So you may be wasting your time trying to do this.

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Answered on 7/13/10, 9:29 am


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