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incorrect deed n won't resign florida

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alilflsun

Member
What is the name of your state (only U.S. law)?

In Florida divorced 12 yrs. A yr after we bought property we divorced I had paid payments for 2 yrs during divorce. He was to pay me a few dollars for prop but his new wife didn't wAnna deal w it n they just signed it over n and I paid all payments n taxes. Now it's paid off n county won't accept deed cause he gave me copy n not original. He no longer has orig n wAnts me to pay him out of prop or sell n split it. He only paid about 2000 toward it n still owes me 12 yrs of med dental for kids. I wAnted to sell it n put some money aside for kids in account since he's leaving his will to his new wife. I also let a friend rent it for 200 who'd down on their luck n he says it's illegal since his names on it wants them out or the money. I'm soo sick of gettin screwed by him. Do I have any hope?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)?

In Florida divorced 12 yrs. A yr after we bought property we divorced I had paid payments for 2 yrs during divorce. He was to pay me a few dollars for prop but his new wife didn't wAnna deal w it n they just signed it over n and I paid all payments n taxes. Now it's paid off n county won't accept deed cause he gave me copy n not original. He no longer has orig n wAnts me to pay him out of prop or sell n split it. He only paid about 2000 toward it n still owes me 12 yrs of med dental for kids. I wAnted to sell it n put some money aside for kids in account since he's leaving his will to his new wife. I also let a friend rent it for 200 who'd down on their luck n he says it's illegal since his names on it wants them out or the money. I'm soo sick of gettin screwed by him. Do I have any hope?
You need to go back to court with the copy of the deed and ask for him to resign it. The problem is, HE was awarded it in the divorce. You should have followed through on that way back when. You have a bit of hope but NOT much.
 

mistoffolees

Senior Member
You need to go back to court with the copy of the deed and ask for him to resign it. The problem is, HE was awarded it in the divorce. You should have followed through on that way back when. You have a bit of hope but NOT much.
I think I'd talk with a local attorney familiar with your court system. In FL, property division is 'equal unless there's a reason for it to be unequal' - and a bunch of possible reasons for unequal division are listed. So, the judge could legally consider the circumstances and give the property to OP.

However, I don't think that divorce property division rules will apply. They divided the property in the divorce. Sometime after the divorce, ex deeded the property to OP as evidenced by the signature on the deed copy. For 10 years, OP has been paying and ex never objected which is further indication that ex was deeding the property to OP. The fact that there was a deal is clear, as is the intent of the deal. I'd say that OP has a decent chance - at least with a good attorney. To me, though, it's a contract issue, and not a divorce issue.
 

LdiJ

Senior Member
I think I'd talk with a local attorney familiar with your court system. In FL, property division is 'equal unless there's a reason for it to be unequal' - and a bunch of possible reasons for unequal division are listed. So, the judge could legally consider the circumstances and give the property to OP.

However, I don't think that divorce property division rules will apply. They divided the property in the divorce. Sometime after the divorce, ex deeded the property to OP as evidenced by the signature on the deed copy. For 10 years, OP has been paying and ex never objected which is further indication that ex was deeding the property to OP. The fact that there was a deal is clear, as is the intent of the deal. I'd say that OP has a decent chance - at least with a good attorney. To me, though, it's a contract issue, and not a divorce issue.
I agree. This is a contract that they did after the divorce...in which they have done something not quite right and now that needs to be fixed.
 

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