Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse be stopped from selling assets while a divorce case is pending? In most cases, yes. This is because there is an order in place in most Florida jurisdictions that mandates that parties must maintain the status quo. A spouse may be worried that assets are being disposed of, and there is relief that can be sought to prevent this. This was an issue in the case Lanigan v. Lanigan, 4D22-727 (Fla. 4th DCA January 18, 2023).
In this divorce case, the wife filed an ex-parte motion to stop the sale of real property owned by the husband’s mother. Presumably, the wife alleged the property had a marital component. The husband filed a motion to dissolve the injunction. His motion was granted and the court ordered the proceeds of the sale of the property to be held in his attorney’s trust account. The husband appealed, arguing this was essentially a motion freezing assets which required certain findings to be made.
The appellate court agreed with the husband, holding “We agree with the Husband that the court’s orders failed to make the four findings necessary to support injunctive relief. Generally, for entitlement to a temporary injunction, ‘a party must prove that: ‘(1) irreparable harm will result if the temporary injunction is not entered; (2) an adequate remedy at law is unavailable; (3) there is a substantial likelihood of success on the merits; and (4) entry of the temporary injunction will serve the public interest.’ [internal citations omitted] And if the court grants the request for injunctive relief, the ‘court’s order must contain ‘clear, definite, and unequivocally sufficient factual findings to support each of the four conclusions necessary to justify entry of a preliminary injunction.’’’”
If freezing assets is an issue in your case, schedule a consultation with a Miami family law attorney to understand how the law may apply to the facts of your case.