(state of Florida)My parents have been divorced since 1996 and the house was in both of their names but when they divorced the house was given to my mother by court, they still lived together on and off. My mother now wants to sell the house but my father is against it and says that half of it belongs to him. he claims he spoke to a lawyer and that he said that legally even though they are divorced if they have lived together for the past seven years that half does go to him. I just want to know if this is true and if so the Debt that was acumilated over the years on credit cards (Under mothers credit) due to him being in jail and with unemployment through out the years be his responsibility Too?? He left her with all the payments would he have to pay half if hes going to fight for the house???
2007-05-11 14:43:49 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
1. Your parents are divorced.
2. The house was awarded to your mother in the divorce.
3. Florida is not a state that recognizes common law marriages, and if it did, your parents would have had to have held themselves out as still married by meeting a criteria set out by state law.
Your father is blowing smoke. Tell your mother to go to the property appraiser's office or whatever government office handles real estate recordation in your area with her divorce decree to check to see if the house is solely in her name or if it is still in both of their names. If it is still in both of their names, have her ask for the procedure to change the property to her name based on the award in the divorce decree.
As for all of the money she has invested in him over the years--how did that old saying go?? Oh, yeh -- It's the screwing you get for the screwing you got. It's time for her to cut her losses.
2007-05-11 15:18:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The parents are entitled to half of the value of the house for each of them under the applicable provisions of the Civil Law. Thus, the house cannot be sold without the consent of the father. If debts had accummulated, the credit card companies could garnish the property and the excess will be given to the parents on equal parts if applicable.
2007-05-11 22:05:05 · answer #2 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
I do not know the law but you said they are divorced right. Your father has been living there for 7 years. I just wanted to know if they were together in the 7 years or he was just living there.
I think she will have to leagally give him 30 days notice to vacate the property and then she should be able to sell it.
2007-05-11 21:59:41 · answer #3 · answered by Sam 2 · 0⤊ 0⤋