Asked in Divorce, Family Law and Real Estate Law for Florida

Q: Want can be done if ex spouse refuses to sign sale of home papers and how fast can a judgment be made?

My ex-wife and I divorced almost 5 years ago. At the time we were underwater in our current home, so selling wasn't an option for either of us. She couldn't afford the mortgage, so I stayed in the property with a clause in our divorce papers that I would try to refinance. I tried the first 3 years with no luck. I am currently in a place where I can move and the house is about breaking even if not a small profit. I informed her that I will be placing the house on the market, unless she wanted it. She stated she will not be bullied into selling her property. But she will not buy me out. She is refusing to sign the real estate papers for listing. Another issue is we have a balloon payment in 22 months for the balance of the mortgage (which neither of us have). I will be moving in a month or 2 and floating both mortgages is not feasible. What is fastest court judgement I can get to sell the house. I am willing to split all proceeds with her 50/50 and I am not asking anything for repairs.

1 Lawyer Answer

A: In order to properly answer your question, a review of your marital settlement agreement and final judgment is required. If the house is properly addressed in there, then you can file enforcement documents in your divorce case. I would recommend having an attorney review your documents and help you.

Opal Phiona Lee agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.