AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
Question Hi, Mr. Bachert. My soon-to-be-wife has an ex-hubby that has signed an MSA stating that he is to sell their marital home within 30 days of the final divorce has been granted. However, it has been well more than 60 days since the divorce has been granted, and he still hasn't put the house up for sale. Even further, the finance company for the home has called my fiance to state that her ex has called them to refinance the home. The loan is under her name alone. Is there a way for her to force the sale of the home as decreed in the MSA that they both initialed on each page and signed at the bottom? Do we have to get a Real Estate lawyer? Can he be held on a breach of contract, since he signed a legal document with full understanding of what he signed? Can we sue for some penalty since he obviously doesn't want to sell the house now? Thank you for your time and attention. I look forward to your response.
Ferdi
Answer Hi Ferdi, if he was ordered to place the home on the market for sale and has not done so then he would be subject to a Motion for Contempt and as a sanction for that contempt the court may without the Husband's consent place the home with a Realtor or the sheriff for sale. However, if your soon to be Wife is just looking to get off the mortgage and receive some portion of the proceeds of the sale of the home then let him refinance the home and pay her from the proceeds of the refinance. Once refinanced the mortgage will be in his name only and she will receive her share of the home is there was an equitable share determined in the Final Judgment at the closing of the refinance. This agreement should, however, be drafted by an attorney and filed with the Family Court and an Agreed Order Modifying the Final Judgment.
I hope this information was helpful to you.
This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
