Cindy fights for her house during divorce
Cindy*, a 26- year old mother of two, had obtained a Final Judgment of Injunction for Protection Against Domestic Violence against her husband Luca* – for the second time on her own. Cindy had a pending case to obtain child support from Luca, who had served her with a Divorce. Cindy wanted the majority of time-sharing with the children, decision-making authority, and to divide their assets fairly.
Overwhelmed, Cindy came to Coast to Coast Legal Aid of South Florida (CCLA) seeking representation in her divorce. CCLA was able to have the parties agree to a time-sharing schedule wherein Cindy had more than 80% of the overnights with the children. Nevertheless, the parties disagreed about parental responsibility and division of the assets. Before their marriage, Cindy and Luca purchased a house where she provided 100K of her own money for the down payment. Because Cindy and Luca were now married and both contributed toward the mortgage, Luca believed they should sell the home and split the proceeds evenly. Cindy wanted to remain in the house with the children and believed she should be awarded the title since she provided the entire down payment. With CCLA representing Cindy, the Court granted Cindy’s request for decision-making authority based on the prior domestic violence. The Court also awarded Cindy title to the home, crediting her for her prior payments, and ordering she buy out Luca’s remaining share of the property.
Why It Matters
Cindy bought out her husband’s share of the home for a small lump sum and remains in her home with the children. She enjoys 80% of the overnights with the children and is able to make the decisions about where they go to school and which doctors they see. Way to go Cindy!
*Names and images have been changed to protect the privacy of our clients
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