Legal Question in Real Estate Law in Florida

Filing a civil lawsuit against a former spouse
I just got divorced and my ex moved out of the house, violated the court order, took all of my personal assets, belonging etc out of the house. Including personal heirlooms, pictures, birth certificates, passport, furniture, and other items. The Question is I want to file a Civil lawsuit against her for Taking Real Property, Non Performance of a contract (not following the settlement agreement) Injuring and destroying real property (she trashed the house, left it dirty, turned the heat up to 90 degress, left food all over, turned off the refigerator and freezer so it leaked all over the floor, broke things all over the house. . This has caused me emotional and financial distress.
So I want to know if I can bring a civil suit against her instead of going back to family court?
And another fact is that she was off the deed to the house and insurance at the time she did all this to the house.

Asked on 10/07/07, 8:49 am

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Filing a civil lawsuit against a former spouse

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While you can bring a separate action against her in court for some of the actions you mentioned, you might be better off in the family court which already has jurisdiction. If you file a new suit, you will have to pay a new filing fee, serve her with process, and go through the formal discovery period. In family court, you could file the motion and then have a hearing. It would be far more economical and much faster to be heard by a judge.

Scott R. Jay, Esq.

Answered on 10/07/07, 7:55 pm

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