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Hi, I am Franck. I live in the Dominican Republic and have

Hi, I am Franck. I live...
Hi,
I am Franck. I live in the Dominican Republic and have a house and business in Florida. Thw wife took advantage of being more than 6 months in Florida to file for divorce. Dissolution of marriage was pronounced in May 2012 with a lump sum and alimony,. She could also stay in the house for one year, after May 2013 I would get the house full ownership and business full ownership. In May 2013, she asked me to stay until August 2013 in the house, I agreed. She left for her country where she was supposed to remain.
I contacted a real estate agent to have the house sold. It looks like the contract with the realtor needs to be signed by me and ex wife.
I visited the house with the realtor, the house was dirt, with a lot of small issues to be fixed or resolved. ex wife had packed personal belongings and store it in a bedroom.
I contacted ex wife in her country to send the contract and have it returned signed ut she did not provide an address there. I told her I would be at the house the week end of October 4-6, she told me she would be at the house on the Sunday 6.
I spent 3 full days with friends to clean and fix the house which looks line neat ans attractive now. I store ex-wife stuff in the garage andI changed the main door lock
Ex-wife came on Sunday by 10AM, I asked her to sign the paper, she refused, she wanted to leave with the docs. I told her I would stop to pay alimony if she did not sign the document.
But I understood that she was coming back to Florida and wanted to come back to live in the house.
I told her I would leave the garage door unlocked so that she picks up her stuff, but she could not enter my house. She left. How this can be solved, she is at a friends place I only have a phone number and email to contact her
I would like to pay alimony on an escrow account so that they cannot file for contempt, but mainly I need the docs signed to sell the house.
Thanks
Franck
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Answered in 2 minutes by:
10/8/2013
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Have you threatened your ex with contempt if she does not sign the documents?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago

Have you threatened your ex with contempt if she does not sign the documents


Answer no

Hello again, Franck, and thank you for clarifying that for me.

You may wish to inform your ex yourself or through an attorney that she can be held in contempt of court if she does not sign the document and any other documents necessary to facilitate the transfer of ownership of the property to you pursuant to the court's order.

It is best not to withhold alimony since you could be held in contempt, but you could pursue a motion for contempt against her and a threat of doing that may aid in motivating her to comply with your request.

If not, then you could file a motion for contempt with the court which entered the order, but the court is not likely to aid you in enforcing the order if you are also in contempt, so I would pay the alimony and pursue enforcement through contempt if she continues to refuse to sign the necessary documents.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

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Customer reply replied 4 years ago

Thank you Tina....However I don't know her address in Florida, since there is no control at the border when you leave the US I don't know how she could be held in contempt.


Could I work on having a way to by pass the needs of her signature on the contract?

Hello again, Franck. If she tried to return to the state after being held in contempt, she could be jailed and having a warrant issued for her arrest would likely make it difficult for her to return to the states at all.

She will ultimately need to sign the deed to transfer the property when you sell it, so your only option may be to use the threat of not paying alimony to compel her to sign the necessary documents if she is not threatened by the fact you intend to pursue a motion for contempt.

A court could typically order the property be sold, but as an owner of the property, she would normally be required to sign the necessary documents before it can be transferred.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

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Customer reply replied 4 years ago

Tina, can I threat her by email that I would file a complain so that she would be held in contemps? I am cautious because the friend she live at is a lawyer ( I guess). Last question what to do if she breaks the house door or calls a locksmith to enter it (she is totally unpredictible when the things are not going her way).

Yes, you can indicate that you intend to pursue a contempt motion against her if she does not comply with the court's order and sign the necessary documents. That is not blackmail, that is your proper recourse to enforce the court's order.

I would typically call the police if she breaks into the property and that could also be used to pursue contempt against her since you were awarded possession of the property after May 2013.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Tina and 87 other Family Law Specialists are ready to help you
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Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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Category: Family Law
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