Can dissolution paperwork be amended for proceeds of house sale since ex failed refinance requirement?

Question

In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my credit in November 2024, and the mortgage is currently in forbearance. The original dissolution agreement did not specify any penalty for non-compliance with the refinancing requirement or detail what would happen upon the sale of the house; it simply stated he would get the house. Recently, I discovered that he has listed the house for sale. Given these circumstances, is it possible to amend the dissolution paperwork to include a portion of the proceeds from the sale of the house for me?

Nicholas P. Weiss · Answer

Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well. 
 
If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to refinance or even pay the mortgage, it's unlikely that he would be able to pay any sanctions to you for breaching the dissolution.

James L. Arrasmith · Answer

In Florida, if you own the house solely and your husband has not contributed financially to it, you do have the right to ask him to leave, but you must follow legal steps. Changing the locks and removing his belongings without legal processes can lead to potential legal issues, such as claims of wrongful eviction. It's important to give him proper notice before taking any drastic steps. 
 
You can serve him with a formal notice to vacate, typically giving him 30 days to leave, which is required under Florida law for tenants. Since he claims to have his own vacant house, he may not be entitled to stay in your home, but you should still follow the correct legal procedures to avoid future problems. You might need to go to court to get a formal eviction order if he refuses to leave voluntarily. 
 
As for the office belongings, if they are part of his business, they may not automatically be considered personal property. You might need to address this issue through legal means as well, especially if he has any rights to the business equipment. Consulting with a family lawyer can help you navigate these steps and protect your rights while handling the situation appropriately.

Q: Can dissolution paperwork be amended for proceeds of house sale since ex failed refinance requirement?