Edgar, FL Divorce Law Firms & Lawyers

Dear Anonymous:     It is often said that a verbal contract is worth the paper it is written on.  So I would not rely on a verbal agreement.  However, that said, without a full review of the terms of your settlement agreement, it is difficult to give you an answer.  For example, was the non-residential parent supposed to make payments on the house?  If so, that might be a credit  you would receive if and when the house is sold.  However,  you do not say how the proceeds of the sale were to be split.      A defense you might raise is "laches."  This is a  non-statutory remedy that basically says if someone sits on their rights too long (i.e. not forcing the sale for 7 years), and you suffered a detriment as a result, and you changed your position in reliance of the party not requiring the sale,  then the party seeking to enforce the right could be precluded from doing so.    However, this is not a slam-dunk, as a court may also say that you would get a windfall by being allowed to keep the home.  Again,  a careful review of the original agreement, coupled with what has occured over these 7 years would be necessary to determine if you might be able to preclude the sale.   Best of luck,   Cindy S. Vova   LAW OFFICES OF CINDY S. VOVA, P.A.   Broward/Miami-Dade/Boca Raton   954-316-3496/561-962-2785    

   Mandatory disclosure is, in fact, mandatory.  You mentioned a few items that you provided that must be produced but the list is much more comprehensive.  See Florida Family Rule 12.285.  If there are items on the list that do not apply to you ( for example, corporate tax returns if you don't have a corporation) then amend your answer to reflect that and send it to the attorney and file it with the Court.    If your wife had not produced all of her documents, follow the form of the Motion to Compel that was served on you and serve it on her lawyer.  You will have to set that for a hearing as well. You should call the judge's assistant to see how to do that if you cannot find it on line for your county. Good luck, Cindy Vova