Kissimmee, FL asked in Divorce and Real Estate Law for Florida

Q: I have a home in GA and in the divorce decree my ex wife had to be removed from the deed. Which was addressed.

In the decree it stated that if I sell my home the proceeds go to my children. I want to know if I sell do I get to keep the funds that I invested? Then I can give them whats left over after realtor commission and money owed for work done in the home. Or can I get away with deeding the property to my current wife. Can this be done as I am planning on putting her on the deed as sole owner.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The decree should have specified what it meant by "proceeds". In the absence of such specificity, one could assume that net proceeds (after realtor fee and costs of repair) is what was meant.

No, you can't transfer it to your current wife. That would be a violation of the spirit of the divorce decree.

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