Posted by Nydia Streets of Streets Law in Florida Divorce

When one spouse is awarded the marital home in a Florida divorce, the court may require that spouse to refinance to remove the other spouse from the note and/or mortgage. How long does the spouse have to refinance? This was an issue in the case Viera v. Viera, 3D21-1459 (Fla. 3d DCA April 26, 2023).

The former husband in this divorce case filed multiple motions to disqualify the judge which were all denied. A final judgment was eventually entered which awarded to the former wife alimony and child support, established a parenting plan and equitably distributed the parties’ assets and debts. The former husband appealed the final judgment and the orders denying disqualification.

The appellate court first affirmed the orders on disqualification, holding “Although Former Husband asserts that the court erred in denying these motions because he made a legally sufficient showing of his well-founded fear that he would not receive a fair trial, any alleged credibility determinations by the trial court were made in the course of performing its duties as a factfinder. [. . .] Further, and to the extent Former Husband based his motions to disqualify on what he characterized as erroneous pretrial rulings made without a proper evidentiary foundation, such allegations will almost invariably be an insufficient basis for disqualification.”

As to equitable distribution, the court held “we reverse that portion of the final judgment which allowed Former Wife three years to refinance the mortgage and line of credit on the former marital home, and we remand for the trial court to amend that portion of the final judgment to articulate a methodology by which Former Wife shall, within a reasonable time not to exceed two years, refinance the property and remove Former Husband from the mortgage, failing which the property shall be sold and the proceeds distributed accordingly.”

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.