What is the name of your state (only U.S. law)? Florida
Here in FL often in a divorce case where the husband works but the wife does not, the wife will end up getting the option to keep the marital home until she marries or the children reach majority age. On top of that, in some cases the wife will get 1/2 of mortgage payments she makes during her exclusive use of the property. This is known as the Kelly Credit. Whereas the equity is split 50/50, a Kelly Credit would then take one-half of all mortgage payments made from the ex-husband and award that to the ex-wife upon sale.
So here is the question. If the ex-wife reaches either of these conditions that cause her to put the property up for sale, is she awarded the kelly Credit during the time it takes to sell the property?
In my case, she hasn't taken very good care of the property, doesn't want to sell, and with the market the way it is I somewhat expect it to take upwards of a year to sell. It seems unfair to whittle away at my equity when she did get married and didn't keep the house in an attractive state.
As a side question, nowhere on the decree does it say anything other than SALE. Does she have a right to refi if she wants to? Or would wanting to do so require a change to the Final Judgment?
Thanks for any insight.
Here in FL often in a divorce case where the husband works but the wife does not, the wife will end up getting the option to keep the marital home until she marries or the children reach majority age. On top of that, in some cases the wife will get 1/2 of mortgage payments she makes during her exclusive use of the property. This is known as the Kelly Credit. Whereas the equity is split 50/50, a Kelly Credit would then take one-half of all mortgage payments made from the ex-husband and award that to the ex-wife upon sale.
So here is the question. If the ex-wife reaches either of these conditions that cause her to put the property up for sale, is she awarded the kelly Credit during the time it takes to sell the property?
In my case, she hasn't taken very good care of the property, doesn't want to sell, and with the market the way it is I somewhat expect it to take upwards of a year to sell. It seems unfair to whittle away at my equity when she did get married and didn't keep the house in an attractive state.
As a side question, nowhere on the decree does it say anything other than SALE. Does she have a right to refi if she wants to? Or would wanting to do so require a change to the Final Judgment?
Thanks for any insight.