What are my rights regarding a house given up in divorce?
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What are my rights regarding a house given up in divorce?
I have a mortgage; the total owed is $53,000. When I divorced, I prepared and we both signed an agreement that I would surrender all equity (there was none in) the property. In return, he would make all remaining payments and I would keep the mortgage in my name until he could qualify for a loan in his name. The agreement said that all payments must be made on time and after 60 days past due, he would surrender the property back to me and forfeit any monies paid. The agreement also stated that he would maintain the property and keep it in the condition it was in when last assessed. However, he has kept the mortgage past due constantly since the agreement; several times the foreclosure process was started. Additionally, there is severe damage to the home it needs a new roof, there are holes in the ceiling, holes in the floor and the porch roof is caving in. As of today, he is 58 days past due in the amount of $705.08. He has made the statement that he wasn’t going to put a new roof on something that is still in my name. He has also remarked that if he does decide to leave the property, he will take all of the appliances, woodwork from the walls, an above the ground pool. etc., all of which were included in the property assessment last done on the property. What can I do? I want him to move and I take over the property. I will then make the repairs and figure out what my next move will be with the property. Can he be made to make the repairs?
Asked on August 28, 2017 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Ok so the agreement yoiu signed was a contract and it sounds to me like he is in breach of that contract on may levels. If that is the case, then you have what are called contractual remedies under Florida law. The cotract itself may provide for those remedies and from what you have written here that seems to be the case. However, you are going to have to go to court to enforce it. It does not sound like he is going to surrender the house voluntarily. So the court can order it. Start an action and make a Motion (requiest for relief). I would also discuss with an attorney a restraining order as to the property so he does no remove the fixtures and ask that he be removed. Good luck.
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