What do I do if my ex goes outside of our divorce agreement?

UPDATED: Oct 1, 2022

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What do I do if my ex goes outside of our divorce agreement?

In my divorce agreement it states that my ex will retain sole ownership of the property we lived at. It states that if he choses to sell I am to have first right of purch refusal and that I’m to receive half of sale proceeds after any lien payoffs and any and all closing costs. I’ve recently found out that he’s put the house up for sale without any notification to me. I’m clueless as to what to do. I am on disability and broke. I can’t afford an attorney. My ex refuses to talk to me, answer calls or texts. I do have his home address, do I send a copy of our agree with a friendly reminder, do I contact the real estate office and let them know that I’m supposed to have first right of purchase refusal before they can sell? I’m at a loss as to what to do.

Asked on September 27, 2018 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Contacting the real estate office does nothing: they are not obligated to enforce your divorce agreement. Try a friendly reminder first; if that doesn't work, file a "breach of contract" lawsuit against him for violating the agreement (which is enforceable as a contact). You can do this yourself, as your own attorney or "pro se," though obviously it would be better to have a lawyer. You can download court rules and sample forms online; also contact the court clerk's office for instrutions as well. Try contacting the family court which was involved in your divorce.

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