Divorced, but house wasn't divided

[Travis1975]

What is the name of your state (only U.S. law)? I live in FLORIDA. My divorce just became final, but nothing happened about our house. We weren't ordered to sell it and split the money, etc.

We went in front of a magistrate, pro se. The house and mortgage were on the paperwork.

Can I take this back to court so that I get my share of the houses' worth?

I won't be using a lawyer. It would't be worth it.

 

[LdiJ]

What is the name of your state (only U.S. law)? I live in FLORIDA. My divorce just became final, but nothing happened about our house. We weren't ordered to sell it and split the money, etc.

We went in front of a magistrate, pro se. The house and mortgage were on the paperwork.

Can I take this back to court so that I get my share of the houses' worth?

I won't be using a lawyer. It would't be worth it.

How much equity is there in the home? Whose name is on the mortgage and deed?

 

[mistoffolees]

What is the name of your state (only U.S. law)? I live in FLORIDA. My divorce just became final, but nothing happened about our house. We weren't ordered to sell it and split the money, etc.

We went in front of a magistrate, pro se. The house and mortgage were on the paperwork.

Please be more clear.

The house and mortgage were on WHAT paperwork? Are you talking about the financial disclosures?

And there's no mention of them at all in the final decree. Right?

Who intends to keep the house? Can they afford to refinance in their name if the mortgage is not already solely in their name?

Also answer Ldij's questions - whose name is on the mortgage and deed, how much equity.

 

[Travis1975]

House

Both of our names are on the mortgage and deed. I meant the disclosure papers. I put the house and value on the paperwork. Florida is a community property state (so I understand) and I thought the house was supposed to be sold (or he buy me out) and split the remaining money after the mortgage is paid.

He is living in the house because I don't want the house. BUT, I did not sign over my right to it. Unless some papers have been forged.

I appreciate the advice from anyone. I'm new to "divorce" and "legal matters".

 

[mistoffolees]

Both of our names are on the mortgage and deed. I meant the disclosure papers. I put the house and value on the paperwork. Florida is a community property state (so I understand) and I thought the house was supposed to be sold (or he buy me out) and split the remaining money after the mortgage is paid.

He is living in the house because I don't want the house. BUT, I did not sign over my right to it. Unless some papers have been forged.

I appreciate the advice from anyone. I'm new to "divorce" and "legal matters".

Then in all likelihood, you are entitled to 1/2 of the marital equity in the home. That is, the equity at the time you divorced minus the equity at the time of marriage (if any).

I would suggest that you get this resolved soon rather than let it drag out, both so you can get any money due you and also to avoid complications down the road (and you'll see plenty by reading this forum).

Now, since it wasn't addressed in your decree, you can't force him to sell the house today nor is he doing anything wrong by staying there. There ARE problems with this arrangement, besides the fact that you don't have your money. What if he quits paying the mortgage and the house is foreclosed? Your credit rating would be damaged.

You'll probably need to go back to court to get a modification to order him to sell the home and give you your share of the equity or buy you out. There are a number of 'gotcha's', though:

- Do not sign a quit claim deed (which is the document to remove your name from the title) until he refinances the mortgage to remove your name AND you have received your share of the equity.

- Make sure to put time limits on the deal. For example, you might ask that he refinance within 60 days and if he is not able to do so, must sell the home.

- If a home sale is required for one reason or another, make sure you have some say in it - so that he doesn't set the price unrealistically high, or sell it at a bargain basement price to his brother so that there is no equity to split.

I would suggest that you at least consult with an attorney because this could get complicated - particularly if he doesn't want to cooperate.

 

[LdiJ]

Then in all likelihood, you are entitled to 1/2 of the marital equity in the home. That is, the equity at the time you divorced minus the equity at the time of marriage (if any).

I would suggest that you get this resolved soon rather than let it drag out, both so you can get any money due you and also to avoid complications down the road (and you'll see plenty by reading this forum).

Now, since it wasn't addressed in your decree, you can't force him to sell the house today nor is he doing anything wrong by staying there. There ARE problems with this arrangement, besides the fact that you don't have your money. What if he quits paying the mortgage and the house is foreclosed? Your credit rating would be damaged.

You'll probably need to go back to court to get a modification to order him to sell the home and give you your share of the equity or buy you out. There are a number of 'gotcha's', though:

- Do not sign a quit claim deed (which is the document to remove your name from the title) until he refinances the mortgage to remove your name AND you have received your share of the equity.

- Make sure to put time limits on the deal. For example, you might ask that he refinance within 60 days and if he is not able to do so, must sell the home.

- If a home sale is required for one reason or another, make sure you have some say in it - so that he doesn't set the price unrealistically high, or sell it at a bargain basement price to his brother so that there is no equity to split.

I would suggest that you at least consult with an attorney because this could get complicated - particularly if he doesn't want to cooperate.

I think that 60 days, in today's market is pushing the envelope a bit. Even when things were booming 60 days was a bit tight. I think that 90 or 120 days would be more realistic.

 

[Travis1975]

Thanks for the advice. I will try to speak to an attorney and see what I can do. Before I do that, HOW do I take him back to court?
Also, I still haven't seen any child support. It's been 15 months since I moved out, and since April 1 that he was ordered to pay. I know he'll pay, unless he quits his job, as he works for the state. It is to be taken out automatically.
I just don't know what is taking so long. No one in an "office" seems to be able to tell me a thing.