• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Divorce- Final Judgement Problems

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

H

hlawton28

Guest
What is the name of your state? FL

My husband divorced his first wife five years ago. In the final judgement of the divorce, he was given the house with the exception that both names stay on the deed and mortgage. The other exception was that if he ever sold the house, they would split the proceeds.
My husband and I have been married for 3 years and have been keeping the house up. When the recent hurricanes did some damage to the house, we looked into putting in an insurance claim. We found out that she was still on the insurance and only she could remove herself. If we got a check, she would also have to sign it along with my husband. Once we learned this, we deceided to sell the house. The major problem with this is... she lives in Arizona and he has not heard from her in over 4 years. While we don't think that she should get any money because she hasn't put a dime into the house since she left. We aren't trying to disobey the final judgement. We planned on giving her share.
We did an internet search and found her most recent address. He sent a certified letter to her telling her that we wanted to sell the house and to contact him asap. We also have a cash offer for the house to expedit this process. Anyway, the letter was picked up from the post office and it has been almost 2 weeks and have not gotten a phone call or letter. We planned on sending one more letter next week.
I work for a title insurance company and I had a title examiner look at the final judgemnt of divorce and they said that there is no way around her signing it unless we go to court.
We plan on filing a motion of contempt (at the advice of the clerk's office) and to reopen the divorce case. We are then supposed to have a private process server give her the papers.
I just want to make sure that we are going about this the right way. We don't have alot of money to hire an attorney. HELP!!!
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top