Modification of Divorce Decree in Fl

Updated on October 28, 2009
G.O. asks from Kingsland, GA
4 answers

In my divorce papers it reads to equally divide upon sale of the marital residence between husband and wife. My name and my ex is on the deed. Before the divorce, we couldn't agree on a time frame to sell the house, so that was left out. My 11 yrd old and my ex live in the home. Now my ex refuses to sell the home. He hasn't paid the taxes for 2 yrs, almost 3 next mon. In Apr. 2010 it will be auctioned if the tax roll is still not paid. I've had some people to tell me to pay the taxes myself to avoid losing the home. I payed half of the taxes until 2 yrs ago when I was in between jobs. I pay child support too. There is nothing in our decree stating I have to pay half. The mortgage is paid off, so I thought it only fair for him to pay the prop. taxes.
I am having a free phone consultation with an attorney this afternoon but also wanted to get other input.
If he is forced to sell, would it be "sold on the courthouse steps?"

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So What Happened?

The attorney I talked to says he cannot see a judge not making him sell the house. Thinks we should file. His retainer is $4500. That is $2000 off his normal fee. He said I'll get my money's worth.

More Answers

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H.B.

answers from Tampa on

Even though there is no timeframe in the decree related to the sale, I would imagine that you could file a Motion for Contempt based on the fact that he is refusing to follow the current Order, no matter if there was a set time or not. The judge will likely either force a sale, force him to pay you for his half (if he wants to stay) - and for him to take care of the taxes since you have been keeping them up too!

On the other hand, if your income is now different than what it was when your support was calculated, you may want to file for a modification. You could work up a support revision to present as well as presenting the issue related to the property....

I would get an attorney....I could recommend someone depending where you are located.

V.W.

answers from Jacksonville on

Any chance your husband wants to buy you out of your share?
Ask the attorney about forcing a partition sale.

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J.M.

answers from Gainesville on

my parents just went through a very similar situation, with the only thing different is she lived in the house and the kids are grown. the house was not paid off, but the mortage was being paid by my dad still but he was not paying the taxes anymore and didnt care for it to get autioned off just despite my mom. They ended up having an offer on the house through word of mouth and getting a very low offer and doing it that way and my mom didnt get anything out of the house once the back taxes were paid and the mortage paid off, but it was the last thing that their divorce hadnt settled, because like yours, it didnt say anything about how long the house had to sell, just that it would be split when it did. See what the laqyer has to say, but unfortunately I do not think it looks bright.

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P.G.

answers from Orlando on

what state do you live in and is your name on the loan in order to try and answer your question.

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