Was I entitled to half of equity of our marital home?

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aeriv0617

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I hope someone can help me with this one. I live in Florida, and was divorced from my ex husband in 2001. My ex kept our home, but it was ordered in the final judgment that we were to divide the proceeds 50/50 if and when it was ever sold. Well, he did sell the home, but did not give me my share of the proceeds. Of course I am taking legal action to recover my share. However, in my research I have learned that he refinanced twice during the four year period between the divorce and the time he sold the home. Both times he borrowed on equity in the home...resulting in him receiving more than $160,000 to put in his own pocket. The second time he did this it was to obtain a $71,000 downpayment on his new home, and it was done AFTER he had a buyer for our marital home, so it was taken directly out of the expected profit from the sale.
Was I entitled to a portion of the money from either of those deals since there was profit involved? I have copies of everything, and can prove that he received large sums of money from the equity in the home.
I have a mediation with him and his lawyer on Jan 17th, so ANY advice would be greatly appreciated.
Thanks
 
If you were supposed to get 50% at the time of the sale then your name should have still been on the deed to the home! If that were the case then he could not have borrowed on the home, or even sold the home without you.....The title company would have issued you a check at the close of escrow.
So my question to you is how did he get this far if you never agreed to any of this.
You need to hire an attorney!
 
I was ordered to sign a quit claim deed in the divorce. But in that same paragraph the division of the proceeds from the sale was also ordered.
 
Was there nothing in your court orders pertaining to the encumbarance of the home.....meaning the debt.
Your entitlment should be figured as to half of the sale price at the time of the sale, less the encumbrance at the time of your divorce.....
I WOULD HAVE FOUGHT THAT QUIT-CLAIM..
 
The exact language of the order was:
"The property located at......is the marital home of the parties. The husband shall have exclusive use and posession of the marital home at the time of the dissolution, and the wife shall execute and deliver a quit claim deed and turn over all rights to said home to the husband.
Further, the husband shall be responsible for paying the mortgage, property taxes, homeowners insurance, association fees and any other debts directly associated with the house. The husband agrees to indemnify and hold harmless the wife with regard to all of these debts. If/when the home is sold any net proceeds from the sale of the home shall be paid 50% to the wife and 50% to the husband.

Neither on of us had an attorney...I would definately get one if I ever divorced again. Did I lose my rights to the money? Is it too late to dispute the quit claim deed now? He added his new wife to the deed two months after I signed the quit claim deed ordered by the court.
 
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