Miami, FL asked in Family Law for Florida

Q: when we got divorced we were ordered to sell the house. he house was a marital residence. Deed was in both of our names,

The agreement was to stay there for 3 years and then sell. After three years, she told me that she would love to keep the house, and told me she was going to pay monthly for my half. I agreed and changed the deed to her name. The only condition I put was for her to pass the mortgage under her name. After 4 years, the mortgage is still She left the country ( no idea why) and asked me to live in a room while she was abroad. The rest of the house, and an efficiency was rented, and she collected that rent. I was paying the utilities, the internet and association fees, totaling around 500.00. When she returned, she asked me to move out of the room in the house. I told her that I would do that when she put the mortgage under her name. She hired a lawyer and I was evicted were referred to mediation. Mediation agreement was to sell the house. The home has liens. She was ordered to negotiate those lien and sell the house. It has been over six months and I have not heard anything. What can I do?

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Hollywood, FL
  • Licensed in Florida

A: If you have not already, you need to return to court with a Motion for Enforcement on the original court order/ agreement to sell the house. Consult with a local family law attorney for more specific advice based on what has happened since your final judgment was entered.

Matthew J Ausley
Matthew J Ausley
  • Jacksonville, FL
  • Licensed in Florida

A: In addition to enforcement, a partition action may be an option. It is impossible to know based on what is written here, but this is going to require an attorney anyway. Get a consultation with an attorney, and they should be able to tell you fairly quickly whether a partition is an option.

If you can get a partition, that would resolve this. The strong public policy in Florida is to force the sale of jointly owned property. So, it may be relatively easy to get this one resolved. One way or the other, an attorney should be able to fix this one for you. This is solvable. Best of luck.

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