I have lived in my house for 30 years, but my ex-husband forced me to sell it. Do I have the rights of a whistleblower?
I own a house with my ex-husband. He agreed to pay me half of the mortgage. In the final ruling, the judge said I should “keep” the property we own in Palm Coast, Fla., and my ex should “keep” the Tampa home.
In the end, he sold Tampa’s property without my signature or approval, even though it was marital property. I have lived in the Palm Coast estate for 30 years – 15 years with my ex and 15 years old since separation and divorce.
I think “keep” means keep, and the judge is presiding over the lawsuit my ex brought for an agreed-upon division of property.
However, the first judge did not include a legal description of the property. It was therefore not a legal transfer, and the second judge ordered the division of assets, the ruling summed up.
What rights do I have? The house is part of my settlement. I understand it’s split, but should I be allowed to keep the proceeds from the sale? This house is where I will live when I retire.
I have personally remodeled and maintained this property, and all paid claims are on him as he is the mortgagee. He kept this money and never used it to fix my house.
I am 60 years old. I have no mortgage. At least I don’t have the rights of a whistleblower? Can I sue the title company that facilitated the sale of the Tampa marriage property without my permission?
Being rejected in Sunny Florida
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A financial expert once told me that going through a divorce is like go through your own personal recession. If you ask my colleague, Monetist, he could list countless stories where the dissolution of a marriage had major financial consequences. I even interviewed a woman who said she was divorced cost her about 1 million dollars in retirement savings – experience even prompted her to become a financial analyst specializing in divorces.
I mention all of this to emphasize that you’re not alone in feeling like you’ve been wronged by your ex – and that the precarious financial situation you’re in right now isn’t fair. unjust. However, that does not inherently mean that he did anything wrong, or that the judge made the wrong decision.
Florida law states that, in a divorce, the marital property must be divided equally. But fair does not mean equality. In many cases, yes, assets will be split 50-50. But there will be situations where the judge may decide that dividing marital property is unfair. That may be the case here.
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Without knowing how the rest of your estate is divided or whether your ex-husband is ordered to pay you alimony, it is difficult for me to make an immediate judgment on what happened. happen. If the first judge declares that the Tampa property will fully belong to your ex-husband, there is reason that he has the right to sell it without your consent.
That said, it looks like the second judge revised the terms of the divorce settlement and re-evaluated how the property the two of you jointly owned during your marriage would be divided. If you believe the second judge erred in modifying the settlement, you may consider pursuing an appeal. However, I will warn you that there is a deadline by which this appeal must be recorded and it may be too late.
Assuming the second judge partitions the house you currently live in, you’ll get a portion of the proceeds from any impending sales. If the house is split in half, you will receive half of the proceeds. Your ex-husband may try to force the sale through the courts, but otherwise the two of you can find a way to maximize your profits from the sale.
“You may want to consider pursuing legal action, whether it’s against your ex-husband, the title company involved in the sale of your Tampa home, or the judge who failed to document the terms of your divorce settlement. your original correctly.”
Just because you live in the house doesn’t mean you have other people’s rights. In Florida, a person must meet specific requirements to qualify as a disputant under so-called “adverse possession” laws.
I’d say that by definition, as a co-owner of the property, you wouldn’t qualify. One condition that Florida tenants must meet is hostile ownership, which means they are not allowed to live in the property by the property owner. Since you’re the owner, it would be hard to argue that you didn’t allow yourself to be there.
To be sure, you might want to consider pursuing legal action, whether it’s against your ex-husband, the title company involved in the Tampa home sale, or a judge who negligently recorded the terms of the settlement. Resolve your original divorce case correctly. If you decide to see a lawyer about such a case, I would be cautious. Don’t hire someone because they’re saying what you want to hear. If you have been advised by many attorneys not to pursue legal action, trust their judgment.
You may find it more valuable to spend your time, energy, and money than hiring a financial advisor who can guide you through this tumultuous time in your life. If and when your current home is sold, you will receive some profit. What you do with that money can determine how protected you will be financially in the future, whether that means putting it into a down payment for a new home, investing it or saving it for use. used for future rent payments.
Also, I want you to give yourself space to mourn. I can only imagine how much stress and anxiety all of this has caused you. Allow yourself to feel those emotions now, so hopefully you can make your next important decisions with a clear mind. I wish you the best of luck as you overcome these obstacles.
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https://www.marketwatch.com/story/ive-lived-in-my-home-for-30-years-but-my-ex-husband-is-forcing-me-to-sell-it-do-i-have-squatters-rights-11638540166?rss=1&siteid=rss I have lived in my house for 30 years, but my ex-husband forced me to sell it. Do I have the rights of a whistleblower?