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Irwin Law
Irwin Law, Attorney
Category: Family Law
Satisfied Customers: 7243
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My son has TBI and his wife is selling his home out from

Customer Question

My son has TBI and his wife is selling his home out from under him. He is very handicapped with all the meds he has to take. How can I get a court order from a judge to stop her?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: He lives in Florida
JA: Has anything been filed or reported?
Customer: No, she just came up with this action a couple days ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am a basket case right now...I just need a judge that will issue a letter to her and tell her she can not take his home
Submitted: 6 months ago.
Category: Family Law
Expert:  Irwin Law replied 6 months ago.

Thanks for using JUST ANSWER. I'm afraid that you can't just "get a letter from a judge" to stop sale of property. You say that it is your son's home. Is his wife not on the deed with him? Is your son not competent to make a decision about selling the home, or to participate in the actual sale? If the home is sold, will he have no place to live? Please provide more details about the situation and we will try to assist you with information.

Customer: replied 6 months ago.
The home is in Florida, in the wife's name. She up and walked out on him 18 months ago and moved back to Ohio. He has been by himself ever since. She started doing renovations on the home before she left and never finished anything. She been living with another man. Now she only wants to give my son 30 thousand dollars for his home and have him move out of the home immediately so that she can come down and finish renovations and sell it. Doug is the person that literally paid for this home/property. He paid 110,000.00 for it. Originally she planned to do a delusion, by now she say she is going to do a divorce in knox county ohio. If he does not do things her way; she threatens him with alimony and insurance etc. etc.
Expert:  Irwin Law replied 6 months ago.

Unfortunately, the fact that the home is in her name put your son at a very great disadvantage. If he were to institute a divorce suit in Florida though, he might be able to hold off any sale of the property by the wife, since the home would be considered marital property. It would be subject to a determination of rights by the divorce court. If you cannot do that, then he should consider having a personal guardian appointed over himself, where the Guardian could take action to prevent his being evicted from the home. In essence, this would be like the "letter from the judge" which you mentioned initially. I wish you and your son the best of luck getting this matter resolved amicably.

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