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  1. #1
    Join Date
    Jun 2013
    Posts
    5

    Default Property Not Sold After Divorce, How to Recover Money

    My question involves real estate located in the State of: Florida

    I have been divorced for 6 years. Part of the settlement was my ex were to get the proceeds of the sale of our condo. She was to make the principal and I was to make the interest portion of the mortgage. She has failed to pay the principal. She has refused to list the property at fair market value therefore I have been stuck. I took her to family court 4 years ago and the judge ordered the condo to be listed but at a value way higher than fairmarket - again keeping me stuck with the property.

    My question is, can I force a partition sale? The partition petition would be in a separate county than where the family court hearing was held.

    There is about 150k equity in the condo. I have lost over 100k in nonrecoverable costs.

    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Partion Sale After a Divorce

    The second court is not going to enter an order that conflicts with the divorce order. You won't be able to slip it through either as your ex obviously will be involved in the partition action.

    What was the courts reason for demanding the property be listed so high above FMV?

  3. #3
    Join Date
    Jun 2013
    Posts
    5

    Default Re: Partion Sale After a Divorce

    I don't know. I was shocked by the outcome. The judge essentially sentenced me to at least 10 years of interest payments. Also, I have to pay the HOA dues which are $600/month. Being stuck with this condo is a real financial burden and time consuming as I have to coordinate all maintenance since my ex declared she wants nothing to do with it. I did get it rented but it is still cash flow negative.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Partion Sale After a Divorce

    Is there some reason you have not sought to both enforce her requirement to make payments as well as recover the money you paid that she is required to per the order?

  5. #5
    Join Date
    Jun 2013
    Posts
    5

    Default Re: Partion Sale After a Divorce

    I forced her once in family court and won - since then she has made 2 of 66 payments. To reconcile this I reduced her alimony each month. Alimony is now over so I have no choice but to revisit this in court. The spirit of the divorce agreement was to sell and move on. Again I was shocked when the judge ruled against me regarding the sale at fair market value. At the time I did not bring up my partition rights as I was not aware of them.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Partion Sale After a Divorce

    I do not know why the judge made the decision he did. It sounds all wrong but they generally do have a reason behind the decisions.

    With that, rather than trying to slip a partition past the courts as you are considering. I would take this to the divorce court and seek the enforcement of the divorce order, both to enforce her paying what she owes you and to facilitate the actions required to fulfill the order. Asking the court to partition the property is but one suggestion you would make in seeking the order be fulfilled.

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