Legal Question in Real Estate Law in Florida

Property and divorce

My ex-husband and I bought an apartment in Florida during our marriage but the deed is only under his name, and it says there a married man. We are now divorced, I am living in the property but in august he is going to come to live in the apartment. We don't want to sell the apartment now, My question is: In the future does he needs my consent or signature to sell the property? and am I entitle to receive 50% of the equity?


Asked on 5/06/08, 7:01 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Property and divorce

Yes, Call me when you are ready to sell.

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Answered on 5/06/08, 7:14 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Property and divorce

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The best answer I can give you is a qualified "maybe". You have not provided enough information to give any accurate response. An attorney would need to know what happened during your divorce in regards to the property. The issue of ownership should have been brought up and resolved at that time. While you were married you certainly had an interest. Once the marriage was dissolved, this interest may have been lost if not properly protected.

Since many closings are not handled by experienced real estate attorneys, issues such as the rights of a former spouse are often overlooked or not addressed. You would be well advised to consult with a qualified real estate attorney to review the marital settlement agreement and/or divorce judgment to make sure proper documentation is recorded to protect your ownership interest, if any.

Scott R. Jay, Esq.

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Answered on 5/06/08, 11:00 pm


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