Legal Question in Real Estate Law in Florida

Sale of house after divorce

My ex-wife and i are selling the home we had together.We have been divorced for almost 5 years now.We waited to sale until the children were older.My question is,how do we distribute the funds from the sale?My ex-wife says she counts everything she put into the house since we split up.

In our divorce papers it states she counts the principal she paid down.Which is correct?

Thanks,


Asked on 5/28/03, 2:11 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Sale of house after divorce

If she made subsequent improvements which are now afixed to the house and cannot be removed she is entitled to reimbursement. If they are removable she can remove them however, that may make the house difficult to sell.

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Answered on 5/28/03, 2:31 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Sale of house after divorce

You and your former spouse should have dealt with this issue 5 years ago by way of a divorce settlement agreement that would have outlined the method by which the sales proceeds from the sale of the home would be distributed. If you and your ex-wife agree on the terms of the disbursement of the proceeds, memorialize the agreement in writing and move forward. If you disagree, consult with a divorce attorney regarding your rights and options. I am not a divorce attorney and the information provided herein is merely for general informational purposes and not intended to be legal advice nor provided for you to rely on for any reason. Good luck.

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Answered on 5/28/03, 5:07 pm


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