What I can do to extend my stay in my house?

UPDATED: Oct 1, 2022

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What I can do to extend my stay in my house?

I got divorce. My ex-husband ask to buy
me out. I need more time until I able to
buy my own.
Is there anything That I can do?

Asked on June 15, 2018 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In the divorce, did you and your ex enter into a settlement about who would get the house or when you would have to leave? Or did the court issue an order (e.g. a decree) about who gets the house or stays there? If the answer to either of these questions is "yes," you have to do what the settlement or decree says. If it was a settlement or agreement between the two of you, you can ask your ex to voluntarily agree to more time, but his agreement must be voluntary: you can't force him to change what he agreed to. If it was a court order or decree, you make a motion to the court asking for more time: you'll have to make, file, and serve (on your ex) the motion according to the court rules and you'll need to provide justification for what you've been doing to be able to buy your own home and why you need more time. The court is not required to give you more time, but could choose to do so--the court has the power to modify or change its own orders.
If there is no settlement, decree, order, etc. setting a time frame, then there is nothing forceng you to take the buy out or move out now--you and your ex should work out some time that does work for both of you and enter into an agreement about it, to avoid later confusion or litigation, but until there is an agreement or order/decree, you don't have to go.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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