Started divorce proceedings in July which stated that I was to get certain items from the house and the rest would be sold and the proceeds split.
The house was to be put up for sale but he was living in it in the meantime.
It also said that I would be given first right of refusal for the cats we had.
He took all of the items out of the house and is saying he doesn't know what happened to it (even though the house was secured when I went over to check on it). He also took items that inhibit the sale of the house including the stove, light fixtures, paint purchased specifically for repainting the entire house, etc.; burned my clothes and took the cats to the pound. He hasn't paid his half of the mortgage since June and left me with many unpaid bills.
Court date has yet to be set, what is my recourse/options?
I live in Florida.
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Hi again, and thank you.
With regard to you post:
Started divorce proceedings in July which stated that I was to get certain items from the house and the rest would be sold and the proceeds split. I assume you had a sign marital settlement agreement.The house was to be put up for sale but he was living in it in the meantime. It also said that I would be given first right of refusal for the cats we had. He took all of the items out of the house and is saying he doesn't know what happened to it (even though the house was secured when I went over to check on it). He also took items that inhibit the sale of the house including the stove, light fixtures, paint purchased specifically for repainting the entire house, etc.; burned my clothes and took the cats to the pound. He hasn't paid his half of the mortgage since June and left me with many unpaid bills. Court date has yet to be set, what is my recourse/options? You can and may want to file a motion for an Order that he pay the mortgage, if he is living in the house, or pay it to you so you can pay it. Or, if he is not living there and the house is empty, you can ask that he be ordered to pay 1/2 mortgage, while you pay 1/2 and that he come up with 1/2 of all the other carrying costs. Also ask that he be required to pay you XX for the value of all the items he stole that, and the portion of that needed to get that house on the market (like, paint replacement, staging furniture), be paid asap. Your agreement is not yet an order, most likely, so you need to make a motion to get these necessaries on the books. You also need to get an Order that he be required to sign the real estate agreement to get that house on the market. Keep in mind, an order that he pay his 1/2 of bills, if he fails, you can then seek to have him held in contempt, but vis a vis the creditors, if your name is XXXXX XXXXX bills, you can still have your credit destroyed. You may want to consider paying his 1/2 and then putting that before the judge when the divorce decisions, and equitable distribution start being decided.
Sounds like your divorce may be a nasty one. Please brace yourself.
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