It is unfortunate but it sometimes happens that in a divorce, one spouse or the other does not live up to the requirements of the final judgment. As part of the divorce, you got to keep the house in Clearwater, Florida, but now your husband or wife won’t follow through by transferring title of the property to you. You are planning to sell the house but you can’t move forward until the title transfer is official. Can you force your former spouse to sign?
Your former spouse has to understand and accept that the final judgment is basically a contract and that the parties involved are bound under the law to comply with its terms. If he or she won’t sign the house over to you, under Florida Statute 61.14, the court has the power to enforce the terms of the settlement.
To initiate this enforcement process, file a motion with the court that explains the details of the situation. The court then:
- Contacts your ex-spouse regarding the petition
- Schedules a hearing on the matter
- Compels your ex-spouse comply with the terms agreed to in the original settlement
- Forces him or her to sign the property over to you
- Holds your ex-spouse in contempt of court for refusing to comply
Before you attempt the petition process, seek the advice and counsel of a family law attorney experienced in working with the court to enforce the terms of your final judgment. Your attorney can help you expedite the process so that you can sell your house and move on with your life.