Simplified Dissolution with Property
My question involves a marriage in the state of: Florida, Hillsborough County
Question 1: I've been separated for almost a year and want to file myself since I have $0 for an attorney. We are in agreement of division of property. We co-own a house that he resides in that is either going to foreclose or short-sale. We intend to remain co-owners on the house until it either short-sales or forecloses. Can I still file a simplified dissolution since there is no disagreement on property? Reading the form's instructions on who can file, it seems like I can.
Question 2: When filing a simple dissolution, in the marital settlement agreement, it states under Division of Assets that: "Any personal item(s) not listed below is the property of the party currently in possession of the item(s)."
So since our households are already divided and there is no joint property other then the house which we intend to remain in both our names until it forecloses, there is nothing we need to list?
Any help is appreciated. Thank you for your time and consideration.
Re: Simplified Dissolution with Property
I don't see why you could not proceed with a simplified dissolution, but I am personally skeptical of leaving such a large liability unaddressed. Have you come to an agreement as to ongoing maintenance and expenses, or as to any liability that follows an eventual foreclosure or short sale?
You are correct that if your estate is already (otherwise) divided, you do not need to list any items that remain to be exchanged.
Re: Simplified Dissolution with Property
Thank you so much for your response.
Trust me, I would love to address such a "large liability", but really don't have many options. The house is $80,000 underwater with a broken AC as well as other multiple problems. There hasn't been a payment made since Sept. last year. It certainly wasn't a first choice to walk away from the house. There's much more to it, but I won't get into all that.
I'm considering filing chapter 7 after divorce and before foreclosure, but need to research it further. You know when chapter 7 is your best option, things have deteriorated.