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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Can my homes be forced into selling during an abandoment divorce

Customer Question

Can my homes be forced into selling during an abandoment divorce in florida
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation.

I'm not quite sure what you are asking. Are you wondering whether, as part of a divorce proceeding, a judge could order that properties, which are either marital property, or properties which a marital claim has been made against because they were improved or partially paid fir during a marriage, to be sold and the funds distributed to the couple in the divorce action?

Doug
Customer: replied 1 year ago.

During an abandonment divorce which takes 12 months in florida, can my wife force the sale of homes before the 12 months are up?

Customer: replied 1 year ago.

Can she force me to sell before an abandonment divorce which takes 12 months in florida in finalized

Expert:  LawTalk replied 1 year ago.
Good afternoon,

While I understand your question in terms of the way it is structured---I have no idea of the facts of your situation, and without some background I have no way to know what we are talking about.

1. Are we talking rental homes owned solely by you?
2. Are we talking about properties only in her name?
3. Are we talking about properties either bought, paid for, improved or used in a business during the marriage?

Would you please elaborate on your situation. If "you" own properties, I'm at a loss as to how your wife can do anything with them.

Doug
Customer: replied 1 year ago.

Two properties with mortgages and jointly owned. Refuses any contact,no forwarding address and has no helped in paying on anything. Just walked at the end of November

Expert:  LawTalk replied 1 year ago.
Good afternoon Kim,

Thank you for the additional information.

As the properties are jointly owned, your spouse does not have the legal ability to unilaterally force the sale of either of the properties. Only the court has the ability to make such an order, and the court will not routinely do such a thing before the finalization of the divorce proceeding itself.

In fact, only in rare circumstances is there an order that a property be sold in a divorce. Generally, the spouse keeping the property will be ordered to pay cash or give other real or personal property to the other spouse for their share of the property value, if the equalization of property in the division between the two is not equal already.

So no, you will not expect your properties to be sold-----at least until the end of the divorce process, and only on order of the family law court---which may well never come to pass.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2013,

Doug
Expert:  LawTalk replied 1 year ago.
Good evening Kim,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug

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