Cottondale, FL Divorce Law Firms & Lawyers

Everything pertaining to the community estate must be listed to protect the asset. Usually a provision is included in a final agreement that cover "undisclosed" assets or debts and how they are distributed upon discovery.

It depends. How long after marriage till house sold? Was there a mortgage on the home? If so, how were the payments made with earnings or from other source? When the house sold, were all the proceeds used to buy the new home? Were husband and wife on title? Is there a mortgage? Are both husband and wife on loan? How are payments made if there is a mortgage? Did the community pay for any improvements? There are more questions but my point is, there is no easy, quick answer. Until all these questions are answered it depends. The community may have some interest in the home. Or it may all be husbands separate property.

Did you ask for exclusive use and possession of the home in your divorce petition? Do you own the home or rent? If you own is your husband on the deed?  If you rent is your husband on the lease? These are important questions that must be answered before I could respond to your inquiry. There are several ways to get your husband out, including (1) eviction (2) order granting exclusive use of home, (3)domestic violence injunction (4) temporary order granting exclusie use of home, (5) settlement agreement or MSA in which husband agrees to vacate within specified time (6) mediation agreement in which husband agrees to vacate within a specified time.  If these fail, you could just ask him nicely to leave and give him enough money to pay a rent and utility deposit in a new place.  Sometimes the best way to get someone to leave is to make it easy for them to do so.