Florida Divorce Question

Greyhoundlover said:

I divorced in Aug 07 in Florida (seperated since June 07). I chose to move out and allow my husband to live in our paid off home until it sells and we would split 50/50 as it was amicable.
Well, the market is terrible now and it is not selling. I have asked numerous times for him to please get a loan to buy me out and he refuses. He states that he can live there until it sells because that is what the papers say. Had I known, I would have put in a clause to be sold by a certain date or buy me out, I wish I had.
Also, He can not get an equity loan as it is a mobile home and no one will touch that. But he would refuse that as well.
Legally, can I have the final judgement changed (he will not agree to change it, of course.) to have him (and his girlfriend and child) at least pay me rent as I am still half owner and my name is on the home? Or force a date of sale or loan to buy me out?
I want to stay friends, but he flatly refuses to buy me out. He is living there for free on my half of the home and I want my money, I don't want to be ugly but this could go on forever.

Thank you in advance for any advice.

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LdiJ said:

I am not sure that there is anything that you can do. The housing market is slow right now, and it hasn't even been a year yet. You could try taking it back to court to get a judge to put a limit on how long this process can last, but unless he is deliberately discouraging buyers or not actively trying to sell the home, there may not be much that could be done.

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mistoffolees said:

What if she were to find a buyer (even at a lower price)? Would he have to either accept the buyer or buy her out?

At the very least, she needs to be involved in the selling process.

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Bali Hai said:

Sure why couldn't she do that? Find a low ball buyer and then the husband buys her out at that price.

The problem is that she probably wouldn't accept the lower price and would expect the court to force the buyout at the fair market value of the property.

I had the same problem with my gold digger ex. She signed a purchase offer for the property well below the fair market value. I refused to sign the purchase offer and told her that I would buy her out at the purchase offer price she signed. She refused and went running to the judge. She told the judge she wanted me to buy her out at the fair market value of the property.

Guess how the judge ruled??

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mistoffolees said:

Presumably that you had to buy her out at fair market value - which is what the law requires. What's your point?

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mistoffolees said:

Presumably that you had to buy her out at fair market value - which is what the law requires. What's your point?

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Bali Hai said:

The point is the property was to be sold and that she was willing to sell to others at a lower price than she was willing to sell to me and signed her name to that lower price.

If you can't see that the court discriminated against me, then you must be BLIND!!!

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mistoffolees said:

Several possibilities:
1. Maybe she changed her mind. People are allowed to do that, you know.

She SIGNED a purchase offer to a third party for a LOWER price. That price should have been good for me also.

2. Perhaps it was her way to force you to give you what she was entitled to (half of the fair market value).

Then why was she willing to sell for less???

Given your posts here, it was likely that you refused to give you anything,

Given your posts here, I'm sure you would be living on the street if you were married to this bi%##%!

so she tried to force a sale - not because she wanted it,

It was agreed to sell the property. She was willing to take less from a third party. I didn't want to sell that low. Now you tell me why she would take less from someone else and SIGNED a legal document.

but as a way to recognize that you had a legal and moral obligation.

Turns out that the court agreed that the law was on her side. Amazing how that happens when someone is being cheated by an ex-spouse.

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Bali Hai said:

I had you pegged from your first post. You are a DORK!!!

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mistoffolees said:

I repeat:
"Turns out that the court agreed that the law was on her side. Amazing how that happens when someone is being cheated by an ex-spouse."

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tuffbrk said:

Hmm...well since this thread was completely hijacked anyway - i

I would seem to me that the "buyer" with whom she signed a contract was a friend that was going to reimburse her the difference between the low ball amount and fair market value outside of the contract.

The courts may have protected your interests in not forcing you to accept that offer. But they should have ruled that she accept your offer if you matched or exceeded the signed offer by a small amount.

Makes you wonder.

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