Asked in Divorce and Family Law for Florida

Q: I divorced back in 2012 & the Dissolution of Marriage stated she kept the car and i kept the home. Now she wants money.

I am looking to sell the home and she has contacted my realtor stating she is entitled to 50% of any profits made. She has not lived in or put anything towards the house since her departure 8 years back. She refuses to sign off on a quick claim deed and is prolonging the sale process while the home is in cusp of possible foreclosure if not sold.

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3 Lawyer Answers
B. Elaine Jones
B. Elaine Jones
Answered

A: Your marital settlement agreement should state what happens to the house and what your individual rights are regarding the house. If you were represented by an attorney they should have made sure that these issues were addressed in your agreement. You should consult with a family law attorney and take your divorce papers along with the marital settlement agreement with you to the consultation. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

Bruce Alexander Minnick and Mr Eric Klein agree with this answer

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

A: Your marital settlement agreement should specify in details the parties' rights as it relates to the house. Usually, the agreement should even state the time frame within which a party should execute any applicable quit claim deeds. It is best that you consult with a family law attorney who would be able to examine the marital settlement agreement and other court documents and provide you with specific advise.

Mr Eric Klein agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: It's called a "quitclaim deed". But you might want to reopen the dissolution case to seek an order requiring her to sign such a deed.

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