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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?
answered on Mar 8, 2022
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.
My Husband has moved his girlfriend and 2 kids in with him, and has put me on the streets homeless . He is supporting her and the 2 kids while I am left without a home or any means of providing for myself. Adultery is a crime in Florida why is this law not being enforced ?
answered on Mar 5, 2022
It is a crime that prosecutors choose not to prosecute. Bit you do have a way to get help and that is to file your divorce. When you file the divorce you can address property division, child custody, child support, and alimony which should all help in this situation. I would recommend contacting an... View More
How to get divorce from abusing , controlling husband and stay in my own house with my children .
answered on Mar 5, 2022
If you are a victim of domestic violence you can seek an injunction for protection against domestic violence. In order to file the case, you would first get your evidence together (photos of injuries, videos of fights, etc) and then go to the clerks office in the county where you reside. There the... View More
answered on Mar 3, 2022
Being in jail or prison does not prevent you from getting divorced. Look for a consultation with a local family lawyer in the Tampa area who can explain more specifically.
My husband and I bought a house together a few years ago. I have my 2 kids from my first marriage, they live with me full time. He has his kid from his 2nd marriage which is here part time. He keeps telling me to leave because I dont like how he treats my kids. Yet he wont divorce me. If we get a... View More
answered on Feb 24, 2022
The judge would simply order the house sold and have the realized funds distributed equitably. Good luck.
I'm a us citizen and my wife a 10 years green holder. We got maried in Morocco and dicorced in Morocco after 5 years of marriage with no kids and no assets. My question is does florida recongnise this divorce(final divorce no apeal) and we were both present at court during the divorce process.
answered on Feb 23, 2022
Yes, the US will recognize a foreign divorce decree. Unless you still share minor children together there is probably no reason to "domesticate the final judgment," meaning to file it with a US court.
Florida
Friday my wife text me saying be ready for mediation on Tue. I was confused, checked email.
She sent me her paper work and the court sent me a mediation letter. I was supposed to make the payment, fill out a questionnaire and notorized financial affidavit 10 days prior to... View More
answered on Feb 21, 2022
Do you know in which county the case is filed? Do you have a case number or any pleadings? Get a consultation ASAP
I have a question about whether my marriage is legal if I did not submit my marriage license? Me and my then partner got married in 2019 but we did not submit the license. And we are no longer together. I would like to know if that marriage is legalized and whether or not it could affect me if I... View More
answered on Feb 18, 2022
Check with your local county clerk where your ceremony took place and where the license was issued.Check if the license document was signed by the parties and notary and turned in.
There are many seniors that have a religious ceremony and receive a beautiful religious certificate, e.g., in... View More
Divorced in 1984 in New York state. Part of the settlement included my ex-wife buying out my portion of the marital residence for $30,000. Initial payment of $20,000 was made at that time. The balance, six (6) payments and a final payment at the sale of the home remain UNPAID. My ex-wife, since... View More
answered on Feb 17, 2022
First, if your divorce is from New York then New York law would apply. Step one is to read your settlement agreement carefully. Then speak to a NY lawyer who can see if a "statute of limitations" (a time limit) applies or not.
of a judge if I don't agree to it. He and I are near the end of our divorce process with just this one last item to negotiate. We have a mortgage is in his name only and the deed in both of our names. We agreed to sell the home until just before our separation, then split the equity. Now he... View More
answered on Feb 17, 2022
The Court will either sell the home or may consider the refinance. You would need to have an expert such as a very experienced realtor to come in and testify as to how they came up with the numbers and why their numbers are more accurate. The court will also need to consider the cost of the... View More
answered on Feb 15, 2022
There are many factors to be considered regarding real property (a house) in a divorce. Did you live in the gifted house together? Did you pay as a couple towards the mortgage or maintenance for the gifted house? Was the gifted house never part of the marriage, meaning that you never lived in it,... View More
home where the mortgage is in his name only and the deed in both of our names. We agreed to sell the home until just before our separation, then split the equity. Now he wants to stay in the home and buy me out.
The problem: He'd like to use the appraisal value, but I'd like... View More
answered on Feb 15, 2022
Although you’re asking what the judge would use to make a ruling, strategically, you should come up with an agreement between you and your spouse. I agree with you, that appraisals are not keeping up with the market. Further, a BPO, although somewhat accurate, cannot accurately make a judgment of... View More
and does it make a difference for me to be entitled to the settlement if I file for divorce vs him filing?
answered on Feb 14, 2022
Second question first, in Florida it does not matter whether you are the Petitioner (filed first) or the Respondent. Your rights are the same in the divorce. The first question has more variables. It depends what kind of lawsuit it is. What state it occurred in. And possibly what state you are... View More
answered on Feb 14, 2022
To answer your question directly, yes. But only to that part that accumulated during the marriage. Take a look at the balance of the account on the date of your marriage and the balance today. Subtract the two. If you were to file for divorce today, he would be entitled to 1/2 of the appreciated... View More
Would the cards be stacked against me if I left our home which we rent prior to serving him with divorce papers? we have no children together and own no properties or joint accounts.
answered on Feb 14, 2022
As Florida is a no-fault divorce state, there would be no penalty if you were to move out of the marital residence. Abandonment is no longer a recognized consequence of vacating the marital residence. Good luck!
I’m afraid of leaving/divorcing because there’s no way I trust him to have custody of our child. I know what he’s like with his own 2 and I’m looking out for my child’s best interest. There are is no legal involvement at all
answered on Feb 10, 2022
Unfortunately, with the exception of the possibility that your abusive spouse either has an epiphany or goes to prison or you divorce him, there is no lawful way for you to "get full custody" of his child.
We have been separated for over a year and officially divorced for roughly 3 months. I have since removed him from the lease and have given multiple chances for him to remove his stuff from my household but he is making no efforts. Am I legally allowed to sell his stuff at this point or do I still... View More
answered on Feb 9, 2022
You would need to refer to your final judgment or your marital settlement agreement to see if there is language in there that would address this issue. If there is nothing in either of those documents it is up to the two of you to work this out. In my personal opinion, giving his stuff to his... View More
I'm currently going through a divorce and my husband never paid the taxes and put the house in his brother's name. I'm living in the house and paying the delinquent taxes of but taxes are due again and I can't pay them.
I want to know if i can get full custody with supervised visitation since he’s unpredictable and I don’t trust he wont lose it on our son.
answered on Feb 3, 2022
In the over 14 years that I have been practicing family law I have seen many cases involving domestic violence. Generally, the Court rarely orders supervised timesharing even in cases involving domestic violence. When determining timesharing when domestic violence is involved, the court will... View More
After divorce the lawyer resigned as my lawyer but I need to ask for the judge to assign someone to sign the QDRO on behalf of my fleeing ex. How do I contact the judge? Is it even appropriate?
answered on Feb 1, 2022
When you represent yourself you have the same access to the court/ judge as a lawyer does. You really need to discuss this with a local family lawyer for specific advice on what you need to do. Look for someone with a free consultation.
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