Winter Haven, FL Divorce Law Firms & Lawyers

If you buy anything during the marriage with money that you recieved during the marriage or from a joint account, you and your husband are joint owners. It doesn' t matter if his name is on the deed or the note. It is considered a marital debt (the mortgage) and a marital asset, (the house.)   If you divorce, it is a marital asset. He can refuse to sell but you can petition to partition the house. 

Florida is the State where you are legally considered to be a resident, so that is where you would file. It doesn't matter if your Husband is here yet. You do not have to wait for him to be in the State to file. If you are unsure as to how to proceed, you should consult with an attorney in order to best determine your potential rights and options under Florida law, especially if you have any sort of significant assets or if there are children involved.

There is no automatic default if a response to a dissolution of marriage is not filed. In fact if a default request is requested the clerk holds the request for a number of days to give a chance for a response to be filed. Even if a default is taken, they can usually always be set aside, if action is taken immediately to do so.