Legal Question in Real Estate Law in Florida

partition action in florida

my husband is attempting a forced sale of our marital home. i won't sell it without a prior legal agreement being drafted. the history is: he abandoned me and our son in 2006 and willfully refused support for nearly a year. during that time i made the mortgage payments (to my harm) to prevent foreclosure. now he won't pay that money back and he is initiating a partition action. our home is the only marital asset we have and since his forcing me into such debt, i will not qualify for a new mortgage. i live on disability income plus alimony (which won't last long knowing him.) i previously filed a declaration of domicile with county court. we own property as joint tenants by the entireties. if he succeeds (and it is being initiated exparte), we will be living in subsidized housing......husband is being transferred to who knows where and wants home sold immediately. my attorney won't respond to my e mails.


Asked on 12/29/07, 3:53 pm

2 Answers from Attorneys

Robert Roemer Robert Roemer

Re: partition action in florida

if you are still married then he cannot control the distribution of the funds from the sale of your marital home.in your circumstances should be argued that vigorously that you are special of a more money from the sale of the home or potentially that you should remain in home to his son reaches 18. I would suggest that you send me an e-mail with the phone number I can contact you to discuss us matter. Sincerely, Robert Roemer

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Answered on 12/30/07, 2:49 am
Scott R. Jay Law Offices of Scott R. Jay

Re: partition action in florida

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.

From your question, it is hard to determine if you are still married or if the divorce is final. I will presume that since you mention alimony it has been finalized. If so, the disposition of the house should have been resolved during the divorce. If your son is a minor, there is a good chance that you would have been allowed to continue to remain in the house until your son reaches the age of 18.

I would suggest that you contact your attorney in person or by telephone (and not email) and try to enlist the attorney's aid in protecting your interests. Perhaps the final judgment could be modified to give the house to you in lieu of further alimony?

Scott R. Jay, Esq.

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Answered on 12/30/07, 11:57 pm


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