Legal Question in Real Estate Law in Florida

Property in post divorce

I've been divorced since 1996. I (wife) was given possesion of the marital home for myself and our child, we are listed as tenants in common. Ex husband filed bankruptcy in 1996, but reaffirmed the mortgage. Since his name is still on the mortgage, I can't do anything without his approval. He is very uncooperative. The interest rate is 13% from when we originally bought it. I want to buy him out and refinance in my name, but he won't agree to anything that has been offered. Is there anyway for the court to demand a quit claim? I've heard of a partition suit, in which I would have to sell the house, but I really don't want to sell.


Asked on 5/12/03, 3:47 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Property in post divorce

Partition is the way to go. Before the court would order a sale it would let you buy him out.

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Answered on 5/12/03, 4:05 pm


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