Can husband that moved out demand any portion of “cash for keys” that I received?

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Can husband that moved out demand any portion of “cash for keys” that I received?

I am married; owned a home. My husband moved out about 6 months ago. He left us in the home until it was foreclosed on. They gave us money for “Cash for Keys”. Do we have to give the husband half? He was not residing there.

Asked on September 10, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for you situation.  The first line of your question really helps to answer it: "I am married; owned a home."  If the home would be or would have been considered a marital asset and subject to distribution in an action for divorce, then your husband is entitled to his portion of any monies you received from this program, unless a court says otherwise.  The circumstances surrounding the foreclosure are unclear and although his actions may have been a factor in the end result, the fact remains that if the house was his responsibility as a debt, it was also his as an asset.  I would speak with an attorney in your area at this time anyway to start whatever you need to to move on and ask him or her about the circumstances and how they factor in.  Good luck.


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