Miami, FL asked in Family Law for Florida

Q: Can a judge force me to sell my house?

Can a judge force me to sell my house that I bought with the money I received from my husbands passing? I got remarried and paid for the house cash, my now husband has taken out the entire equity, to pay off his credit card debt. He agreed to pay it back, now he wants a divorce and has said the judge will basically side with him and I would have to sell my home. My daughter is on the title for my home, as well as me and my husband, my daughter also lives here. Is there a possibility I can lose my home? He keeps threatening me that we have to sell it.

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1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber
  • Hollywood, FL
  • Licensed in Florida

A: This is a complicated question with multiple steps. Step one is to determine what portion of the house (equity) is marital. You say that the deed lists you, your husband and your daughter. This could mean that you each have a 1/3 interest. It could mean that you and your husband have half and your daughter has half. Next you say that you used "premarital" money to purchase the house. This is a factor that can be used to argue that the house is your premarital property; however, that argument may have been defeated when you put your husband on the deed. At the end of the day, once the marital portion of the house is defined, you may be ordered to give one half of that value to your husband. Go for a consultation with a local family lawyer who can give you more specific advice.

Good luck!

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