Ex threatening to foreclose the home

[zenmonkey]

Hello,
My ex and I got divorced early September 2015, simplified divorce with mutual agreement on the division of assets. No attorneys were used in the process. Our only major asset that needed division was our home which was listed on the market the same month of the divorce. It was agreed that any profit gained from the sale of the home will be split 50/50 which is reflected on our marital settlement. My ex agreed to take all mortgage liabilities since I he is also taking the business we had started the year we got married. I was not asking for alimony or severance from the business so we both agreed that him taking responsibility of the mortgage payment and car payment (1) was fair. This is written in the marital settlement.

Now fast forward 2 months...I have moved out of the house, the house is under contract, initial papers have been signed. My ex is demanding that I pay for half the mortgage and car payments for the last 4 months. He is threatening that if I don't agree to this, he will terminate the pending sale of the home and stop paying the mortgage, letting the house go into foreclosure.

Since moving out, I have decided to go back to school for nursing and was really counting on the money from the home to pay my tuition. I have used almost all of the savings I managed to scrape together during the 8 years of marriage. Although we owned a business together, no real paychecks were issued...just money used directly from the business account so long story short, I had almost nothing to my name after the divorce. This is my first (and hopefully the only!) divorce so I was pretty naive to the process whereas this is my ex's second. Due to him being so agreeable on everything, I thought that a divorce attorney was not necessary but now I realize that was a huge mistake. Unfortunately, although the marital settlement reflects that profit from the home will be divided, there is no stipulation on when the home should be sold by.

What actions can I take to prevent my ex from carrying out with his threats? Any advise will be very much appreciated.



State of divorce: Florida
Simplified divorce from Broward county, Florida
No kids
Only asset needed division: real estate-house

 

[LdiJ]

Hello,
My ex and I got divorced early September 2015, simplified divorce with mutual agreement on the division of assets. No attorneys were used in the process. Our only major asset that needed division was our home which was listed on the market the same month of the divorce. It was agreed that any profit gained from the sale of the home will be split 50/50 which is reflected on our marital settlement. My ex agreed to take all mortgage liabilities since I he is also taking the business we had started the year we got married. I was not asking for alimony or severance from the business so we both agreed that him taking responsibility of the mortgage payment and car payment (1) was fair. This is written in the marital settlement.

Now fast forward 2 months...I have moved out of the house, the house is under contract, initial papers have been signed. My ex is demanding that I pay for half the mortgage and car payments for the last 4 months. He is threatening that if I don't agree to this, he will terminate the pending sale of the home and stop paying the mortgage, letting the house go into foreclosure.

Since moving out, I have decided to go back to school for nursing and was really counting on the money from the home to pay my tuition. I have used almost all of the savings I managed to scrape together during the 8 years of marriage. Although we owned a business together, no real paychecks were issued...just money used directly from the business account so long story short, I had almost nothing to my name after the divorce. This is my first (and hopefully the only!) divorce so I was pretty naive to the process whereas this is my ex's second. Due to him being so agreeable on everything, I thought that a divorce attorney was not necessary but now I realize that was a huge mistake. Unfortunately, although the marital settlement reflects that profit from the home will be divided, there is no stipulation on when the home should be sold by.

What actions can I take to prevent my ex from carrying out with his threats? Any advise will be very much appreciated.



State of divorce: Florida
Simplified divorce from Broward county, Florida
No kids
Only asset needed division: real estate-house

I would say that its time to get an attorney involved. What your ex is doing is 100% wrong, and the faster that someone with some authority tells him that, the faster the problem is going to be resolved.

 

[latigo]

Hello,
My ex and I got divorced early September 2015, simplified divorce with mutual agreement on the division of assets. No attorneys were used in the process. Our only major asset that needed division was our home which was listed on the market the same month of the divorce. It was agreed that any profit gained from the sale of the home will be split 50/50 which is reflected on our marital settlement. My ex agreed to take all mortgage liabilities since I he is also taking the business we had started the year we got married. I was not asking for alimony or severance from the business so we both agreed that him taking responsibility of the mortgage payment and car payment (1) was fair. This is written in the marital settlement.

Now fast forward 2 months...I have moved out of the house, the house is under contract, initial papers have been signed. My ex is demanding that I pay for half the mortgage and car payments for the last 4 months. He is threatening that if I don't agree to this, he will terminate the pending sale of the home and stop paying the mortgage, letting the house go into foreclosure.

Since moving out, I have decided to go back to school for nursing and was really counting on the money from the home to pay my tuition. I have used almost all of the savings I managed to scrape together during the 8 years of marriage. Although we owned a business together, no real paychecks were issued...just money used directly from the business account so long story short, I had almost nothing to my name after the divorce. This is my first (and hopefully the only!) divorce so I was pretty naive to the process whereas this is my ex's second. Due to him being so agreeable on everything, I thought that a divorce attorney was not necessary but now I realize that was a huge mistake. Unfortunately, although the marital settlement reflects that profit from the home will be divided, there is no stipulation on when the home should be sold by.

What actions can I take to prevent my ex from carrying out with his threats? Any advise will be very much appreciated.



State of divorce: Florida
Simplified divorce from Broward county, Florida
No kids
Only asset needed division: real estate-house

I realize that it is difficult for you to know just what information is needed here, but you have omitted some crucial pieces of it.

You write that the home was "marital property" and that you and your husband reached a "mutual agreement" (whatever that is supposed to mean) BUT you don't explain what was in the divorce decree.

Was this so-called "mutual agreement" reduced to writing and signed? Was it incorporated into the decree verbatim; adopted by reference to an attached exhibit; or was the agreement outside and independent of the decree?

What does the decree state, if anything, with regard to the disposition/awarding of the home? Was the home set over to your ex husband as his sole and separate property or was the decree silent in this regard?

My guess is that because this was a DIY the decree makes no mention of any disposition of the home. If that is the case, then you are in a much better position than if it was awarded solely to him. Because then the marital property ownership would have converted to an estate in cotenancy with each of you owning an undivided half interest in the property.

As such a co-tenant you would be enabled to force a judicial sale of the property by means of a petition for partition whereby the court would ultimately order the property sold at public auction. Not a desirable option obviously because such an auction sale it wouldn't bring near market value, but the threat of it (the lawsuit is indefensible) would be leverage to get the pig headed ex to cease with the extortion tactics and cooperate in selling on the open market.

These are just my thoughts. Rely on the advice of your attorney.

Good luck

 

[zenmonkey]

Hi Latigo,

Thank you for the very helpful advise.
Yes, the agreement to split the profit 50/50 is part of the divorce degree and part of the finalized divorce papers on Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12). The agreement verbatim is "House shall be sold and profits from sale divided equally". On the Liabilities: Description of Debt(s) to be paid by husband sheet (same form name and number) it is written that husband shall pay for the entire monthly mortgage ($2488/month).
In terms of the disposition of the home, you are correct, the degree does not cover this so your assumption that my ex and I are cotenants of the house is correct. My name is also on the deed of the house and mortgage loan.

Question:
If my ex does not pay the mortgage and I pursue judicial sale of the property, will the backed mortgage come out from his side of the profits (if any) and if there is no profit, then will he be liable to make up for the difference or will the liability be split and I will owe as well?

Again, thank you so much for the advise. I am looking for a family law attorney now but due to the fact that my funds are limited, it really helps to go in with as much information as possible. If you can think of anything else, it will be very much appreciated.

Thank you.

 

[latigo]

Hi Latigo,

Thank you for the very helpful advise.
Yes, the agreement to split the profit 50/50 is part of the divorce degree and part of the finalized divorce papers on Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12). The agreement verbatim is "House shall be sold and profits from sale divided equally". On the Liabilities: Description of Debt(s) to be paid by husband sheet (same form name and number) it is written that husband shall pay for the entire monthly mortgage ($2488/month).
In terms of the disposition of the home, you are correct, the degree does not cover this so your assumption that my ex and I are cotenants of the house is correct. My name is also on the deed of the house and mortgage loan.

Question:
If my ex does not pay the mortgage and I pursue judicial sale of the property, will the backed mortgage come out from his side of the profits (if any) and if there is no profit, then will he be liable to make up for the difference or will the liability be split and I will owe as well?

Again, thank you so much for the advise. I am looking for a family law attorney now but due to the fact that my funds are limited, it really helps to go in with as much information as possible. If you can think of anything else, it will be very much appreciated.

Thank you.

Let me explain why I mentioned your option as a tenant-in-common to file a petition for partition.

Obviously having the home placed on the sheriff's auction block to be sold to the highest bidder would be a most impractical solution. The only people that would show are those looking to steal it. And unless there is a substantial equity, no one will show as the buyer must assume all existing mortgages, liens and other encumbrances.

However, as here it is not uncommon for joint owners to lock horns. So sometimes they only way to get them to disengage and come to the bargaining table is the threat of filing. And as I mentioned earlier the petition is indefensible, e. i., it is not subject to legal challenge. It represents an inalienable property right.

The downside is that seeing one through to its conclusion it is an expensive, very expensive, time consuming process and by no means a DIY!

I wish I could be of more help.. But what is done is done, meaning the decree being silent on the future disposition of he home. And I don't see how you can unwind it except by partition.

Yet I think your ex's threats are hollow and that he is not about to cut off his nose to spite his face. But unless your are serendipitously graced with a small fortune, you may need to just sit tight and wait him out.