Spring Hill, FL asked in Divorce for Florida

Q: I’m getting divorced, house is only in my name, I am selling ,paying husband off, does he have any say in the sale price

Mortgage is in my name I have made every payment, I did put him on the deed when I refinanced when realtor pulled the title she said my name was the only one on it but my ex is trying to tell me that he has just as much say as I do as far as price being excepted for selling

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

A: You do not say whether you are already in court for divorce or just planning. Either way, since his name is on the deed now he will need to sign the contract for sale. If you are in court and he is not being reasonable then you can ask the judge to intervene. If you are not in court then you will need to reach a compromise with your husband directly.

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

A: There are several factors to consider in determining each spouse's rights regarding property. For example, 1) was the property purchased before or during the marriage; 2) was there any marital funds used toward the maintenance or increase in value of the property; 3) is there a marital settlement agreement? I would strongly advise you to consult with one of us divorce attorneys to obtain advise specific to your situation. Wishing you the best of luck.

Camila Martin
Camila Martin
PREMIUM
Answered
  • Miami Lakes, FL
  • Licensed in Florida

A: If the property is a Marital Property because it was purchased during the marriage or you added him to the title later on, which seems to be your case based on the facts provided, then your husband is entitled to a portion of the value of the property. Even if he is not on a title that was registered with the Court (since your realtor could not find the registered deed with his name on it) he could still be entitled to a portion of the proceeds of the sale since the property could still be marital (but do not have enough facts to make that determination). You should consult with an attorney and try to reach an agreement with your Husband or have the Judge make a ruling as to how the offers will be accepted and what range will be acceptable for a sale price.

DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts you have provided and are general statements that might not be applicable to your case based on other factors. We do not have an attorney-client relationship and you should consult with a local attorney. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in the State of Florida. Camila Martin, Esq.

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