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I had a court hearing in 2010. Part of the judgement was…

I had a court...

I had a court hearing in 2010. Part of the judgement was that my husband should sell the property in Florida, and if a loss or profit it would have to be split between us. He made it foreclose because he did not want to share any of the proceeding. As he did not sell the property but allowed foreclosure would that make a difference to the judgement?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

The other property is in London England

Lawyer's Assistant: Has any paperwork been filed?

Only back in 2010

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes as he did not comply does that mean the court judge still complies and what would I need to do if he did not comply as he is now after the house in London.

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Customer reply replied 5 months ago
Sorry I misunderstood the question. The property and in Windermere FL.
Answered in 27 minutes by:
3/6/2018
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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I'm sorry to hear about your situation.

This appears as if there is an issue with the party being in contempt of court because they failed to sell the home and just let it slide into foreclosure. Your ex would have to show that he had some good reason not having the house sold. Contempt of court occurs when there has been a valid court order entered, but a party is not complying with the order in some material way. A contempt proceeding is not to be ta***** *****ghtly. It is a quasi-criminal proceeding with a formal hearing, the taking of evidence and examination of witnesses. The accused may also have the right to be appointed an attorney by the Court. Usually, the court has forms that you can use to fill out. They are going to be specific to your state or even to your county, so be sure that you ask the court clerk (typically on the 1st floor) what forms you need if you cannot find the forms on the court’s website.

The court may decide that the other party is or isn’t in violation of the court order. If they are in violation, then the court may issue fines, and in very serious cases, they will issue jail time (usually for multiple violations). The party that is requesting the motion will have to provide the facts and possibly present witnesses to prove the case, but if they can prove it, they can usually find justice in that way.

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Customer reply replied 5 months ago
We both moved there to Florida in 2005. It wasn't working between us and split in 2007. I moved back to London England. The property here was supposed to be sold also but I was financially struck having returned, without any money or a home. So I lived in the house whilst I was waiting for him to sell. At the time he had used the capital in the house here, so when I returned if I had sold I would have been owing the bank and as he was no longer here I would have been liable for the debt. At the time the judge was reluctant to get too involved with the ins and out of this property as it was not in the USA. Now I am in a position to sell my ex husband want 50 % of the proceeds even though I have struggled to pay it single handed and he let the one in Florida foreclose. I. Just want to know what is possibly the best way forward with this.

Ok, so he wants 50% of the proceeds even though he let the other home foreclose, correct?

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Customer reply replied 5 months ago
Correct. What can I do?

I see what you mean. My best recommendation would be to go back to court and get a modification of the order, explaining that you didn't have any way to get $ from the foreclosure of the previous home so you don't believe you should have to give up this $.

You could choose not to go back to court though and just keep the proceeds. This is a bit riskier only in that he could try to hold you in contempt. I think his behavior in letting the home foreclose will be extremely beneficial and helpful to you nonetheless.

How else can I help today?

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Customer reply replied 5 months ago
How can I find out if it was definately foreclosed. I just don't trust him.

You can check your county recorder's office or you can check for the courthouse in the county where the property sits to see if there are any foreclosure judgments that have been filed. Usually, in FL, one of those two agencies is going to have information on the foreclosure considering lenders have to file with the government before they initiate foreclosure proceedings.

Did you have any other questions for me today?

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