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Divorcing and the house is under both of our names. She opened new credit cards and phone behind my back.

Cocoa, FL |
Filed under: Divorce

House is underwater and she cant buy me out to get me off the mortgage. I don't want her to keep the house cause I'm unemployed and she is the primary bread winner so it would be hard for me to find another place to live. So can the house be sold even though she wants to keep it? Im also going to ask for alimony. She asked for divorce and didn't want to work anything out even though I did. She has opened 2 credit cards, got a new phone plan and has been carrying on with a new guy all behind my back while still married. So what are my options?

Attorney Answers 4


  1. If you both don't agree on how to buy you out of the house, it gets sold and the equity gets split. That's called a "partition." I have no idea on whether you're entitled to alimony, since you haven't listed enough facts. Alimony mostly depends on whether you need it, whether she can afford to pay you, and how long you've been married, but there are many other factors to consider.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!


  2. Sir, your options are as wide as there are family law attorneys in the state of Florida. You really need to sit down with an attorney and give him or her all of the salient facts and get some direction in that manner. Way too broad for this forum. Good luck.

    Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  3. You have so many options, we cannot even begin to explain them here.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445


  4. Best option is to hire an attorney who can thoroughly review your case and properly advise you as to all of these questions, issues and concerns.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.