Tampa, FL asked in Divorce for Florida

Q: In our divorce agreement, we agreed when our house sold, I would receive 40% because he was still living in it and

paying the mortgage. It has been 10 years now, the home has been paid off years ago. He's not ready to sell, but I am ready for him to buy me out of my 40%. We did not have a time line in our agreement.

Do I have any legal rights to have him pay me my 40% at this time?

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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 ›
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You need to read your settlement agreement carefully but based on what you have written, if there is no deadline in the agreement then you have to wait. Look for a consultation with a local family lawyer who can read your agreement and give you more specific advice.

Michael Ferrin
Michael Ferrin
Answered
  • Orlando, FL
  • Licensed in Florida

A: You would need to look at the language in the agreement to see if there is a way it can be enforced. Note that equitable distribution cannot be enforced through contempt. I would recommend contacting an attorney to assist you.

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