Legal Question in Family Law in Florida

Divorce

First, some facts: My wife & I are prob going to divorce w/in the next 3 mos. She is seriously considering just taking off & joining the army. We recently bought a house 6 mos ago, which I want to keep for myself (she doesn't want the house). There are no children & we are on amicable terms.

What do I have to do to keep the house?


Asked on 12/18/01, 3:13 pm

2 Answers from Attorneys

Sanford Martin Martin Law Office

Re: Divorce

Reach agreement with her on a "Marital Settlement Agreement" which equitably divides the property, debts, and resolves any other issues (alimony,if any, etc). Each is entitled to half the marital property, so if you compensate her for half the equity in the home by giving her other property, you can keep the house. If both are on the mortgage, refinancing, especially now, may be an option, with you assuming the mortgage. If she's going in the army, she should be amenable to working it out. You are advised to consult with a family law attorney for drafting the agreement. With the agreement, the divorce should be simple.

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Answered on 12/18/01, 4:01 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Divorce

Keep it simple; prepare a deed for her signature and agree to be soley responsible for the mortgage. Get her served with a divorce petition and proceed with a final hearing only after you reach an agreement.

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Answered on 12/18/01, 8:24 pm


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