Venice, FL asked in Divorce for Florida

Q: we have a house and no children, both names are on the morgage - if we divorce and the property is split 50/50.

my wife will not move out (she says she will but last time she would not let any realtor in or buyer -- after 6 months away I had to come back because I can not afford 2 housing payments. she says she is game to sell but how long can she stay in the house after a court order to sell? she has no money and there is about 200k equity in the house.

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2 Lawyer Answers
Rand Scott Lieber
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Answered
  • Hollywood, FL
  • Licensed in Florida

A: If you are in court then the judge will order the house sold. If one party does not cooperate then you go back to court for enforcement. There are no set time frames. Either the parties agree or the judge orders the deadlines.

Opal Phiona Lee
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Opal Phiona Lee
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Usually, your attorney would speak with your wife's attorney and attempt to come to an agreement regarding the sale of the property. If an agreement cannot be reached, including at a mediation, then the Court can make that determination at the final hearing. The agreement or final judgment of dissolution should state how long a party may reside in the house once sale or transfer of the property - there are remedies should a party disregard a court order and a writ of possession may be later entered. I strongly advise you to schedule a consultation with an attorney to discuss.

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