Q: Can my Ex wife use the court system to force me to vacate my own home and place it on the market for sale?
We were married from 2013 to 2018 and I filed for divorce after I discovered her with another man. She left the home on her own decision, I did not force her to leave. The divorce decree states that the home wil be sold and profits split 50/50 after I receive compensation for any home repairs paid out of pocket, but it does not state a date when the home has to be sold. Hurricane Michael hit our area the next month and I had severe roof damage. I just recently replaced the roof after over a year of saving money due to the insurance not covering the full cost. Now I am getting the home ready to be placed on the market, but today I received letter from a lawyer stating if the home is not on the market by May 17th, she would proceed with the courts and force me to vacate and sell the home. Is there any truth to this or is it a scare tactic? I am literally weeks away from placing on the market. I am just awaiting living arrangements so that I can have the home empty.
A: As long as the court order did not have a deadline you will only need to show that you have acted reasonably. If she goes to court the judge would apply this reasonableness standard. You will not be ordered to vacate immediately but you may be given some deadlines to complete the process.
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A: I agree with my colleague, the terms of the Final Judgment will control. In the event you have passed any time frames set forth in your Final Judgment, the issue of delay due to the hurricane may be relevant. If this does proceed, you may want to consider speaking with an attorney in your area.
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