Legal Question in Real Estate Law in Florida

My husband and ex wife own a house in New Jersey. According to the divorce, the house was to be sold when the youngest child finished high school and they are to split the profit with her paying the remainder of the mortgage due. She was responsible for paying the mortgage on the home while she is living in it. When it was time to sell the house she and my husband were to agree on a realtor. The problem is she has a no contact order on him. It was fine that she emailed him( we live in Florida) but if he tried right away she was going to call the police. The house was supposed to be sold about four years ago but she always had an excuse for not putting it up on the market. She does not have a lawyer as a go between. My husband and I want to know what our options are. We cannot afford a lawyer to do anything, and were told it would cost a lot. She was constantly late on the mortgage, she would let it go for months and then pay it, later we would find out that they went on plenty of vacations. we know her and her husband can afford it. And now my husband�s credit is ruined because of it. Any help would be greatly appreciated. Thank you, Donna


Asked on 10/19/10, 9:45 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

If she was ordered to be responsible for the mortgage payments in the divorce decree, then the negative report should not have gone on your husband's credit report. He needs to send a copy of the divorce decree showing this order to the mortgage company as well as the credit reporting companies.

If your husband has waited four years to take legal action forcing her to sell the property, he must not have a lot of motivation to take action against his ex-wife, and you do not have standing to do anything. It's up to your husband to hire an attorney to enforce the terms of his divorce. He would have made more money on the sale of the house if he would have done this four years ago.

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Answered on 10/29/10, 7:31 am


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