Husband gave me house sold and paid his mortgage

[LyndaRose]

What is the name of your state? Florida

I was divorced in Broward County Florida and ex husband wanted quick divorce so he relinquished the house to me and in marital divorce agreement states he is to pay the mortgage as it was in his name.

I moved with his permission to Clay County, Florida and we both signed a modification to the original marital settlement agreement, which gives me permission to move this far. In the modification letter states that my ex will be released of certain obligations which are named such as homeowners insurance and appliance insurance, but it is not written he is released of the mortgage. I moved knowing he should continue sending me the mortgage payments which I will use towards my new rent payments.

My attorney won in court and the judge ruled in lieu of him paying the mortgage payments I am to receive the rent payments which is alot less money monthly. I was not happy with the ruling and wanted to appeal only my attorney advised me to be happy to just receiving the rent payments. Needless to say, my former husband filed in appellate court and won because the marital divorce agreement stated he was to pay mortgage and not rent.

Now I want to go back to court and have the judge's decision reversed and fixed but former husbands attorney is denying this stating that I didn't take it to appellate court and it is too late for me to do so.

Can I go back to court and ask for a reverse in the original ruling and go after my former husband for the mortgage money that I had to pay upon the sale of the marital home? The marital divorce agreement specifically states he is to pay the mortgage and he relinquished the house to me. Upon sale I was forced to pay his mortgage, am I entitled to get the $98,000.00 back from him?

Any advise you can give would be extremely helpful to my daughter and myself. Lynda

 

[Perky]

What is the name of your state? Florida

I was divorced in Broward County Florida and ex husband wanted quick divorce so he relinquished the house to me and in marital divorce agreement states he is to pay the mortgage as it was in his name.

I moved with his permission to Clay County, Florida and we both signed a modification to the original marital settlement agreement, which gives me permission to move this far. In the modification letter states that my ex will be released of certain obligations which are named such as homeowners insurance and appliance insurance, but it is not written he is released of the mortgage. I moved knowing he should continue sending me the mortgage payments which I will use towards my new rent payments.

My attorney won in court and the judge ruled in lieu of him paying the mortgage payments I am to receive the rent payments which is alot less money monthly. I was not happy with the ruling and wanted to appeal only my attorney advised me to be happy to just receiving the rent payments. Needless to say, my former husband filed in appellate court and won because the marital divorce agreement stated he was to pay mortgage and not rent.

Now I want to go back to court and have the judge's decision reversed and fixed but former husbands attorney is denying this stating that I didn't take it to appellate court and it is too late for me to do so.

Can I go back to court and ask for a reverse in the original ruling and go after my former husband for the mortgage money that I had to pay upon the sale of the marital home? The marital divorce agreement specifically states he is to pay the mortgage and he relinquished the house to me. Upon sale I was forced to pay his mortgage, am I entitled to get the $98,000.00 back from him?

Any advise you can give would be extremely helpful to my daughter and myself. Lynda

This is a little confusing to me, but let's see if I have it right.

You got the house in the divorce.
Your husband had to continue paying the mortgage.
You sold the house.
You did not have to split the proceeds with your husband.
Part of the purchase price went toward the mortgage balance.
Now you want your husband to reimburse you for the money that paid off the mortgage.

Is this correct? If not, please revise.

 

[LyndaRose]

Yes, that is correct.
He gave me the house during the divorce, at that time the house had $20,000 equity.
He gave me the house as there was not much equity and he wanted to remarry fast, which he did within three weeks of our divorce.
He also outlined in the marital divorce agreement of the items that he would additionally pay which were added on top of child support and alimony and also is written he would make this his personal sacrafice knowing that he would be running two households. He agreed to pay $$ towards electric, $$ gasoline for car, $$ water and sewage etc. He did pay those items the first two years after our divorce, then stopped paying, but at no point did he pay the mortgage, I paid his mortgage. The first contempt court date, the court awarded me the back pay of the morgage payments that I personanlly paid myself which the courts are making him pay $100.00 a month (total $18,000). I know you feel that I should leave this alone, but on the other hand, he turned over his businesses to his new wife so that he could avoid paying the correct amount of child support.

Do you feel I can get back the $98,000 that I lost in paying his mortgage for the house? I am disabled, I do expect if this is possible a payment plan not a lump sum.