Legal Question in Real Estate Law in Florida

can ex spouse force sale

I've been divorced for 6 years. Ex husband and I have joint ownership of the marital home. Our marital settlement agreement gives me possession and use. I have lived in the home and paid the mortgage for the last 6 years. No children. Ex wants to move out of state and remarry. Can he force the sale of my homestead since he is part owner?

Thank you for your reply,


Asked on 7/16/07, 9:54 pm

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: can ex spouse force sale

As things are now, no.

Read more
Answered on 7/17/07, 3:36 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: can ex spouse force sale

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.

Your final judgment is controlling. The only way for that to be changed is for the ex to go back to court and ask for the court to modify the final judgment which is difficult to get done.

Scott R. Jay, Esq.

Read more
Answered on 7/17/07, 12:31 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida