Georgia  |  Mediation

Legal Question

Asked on: 9/22/13, 4:31 pm

My ex husband and I had a mediated divorce in 2008. As part of the divorce terms, he was to refinance our home in order to buy me out of my share of the property and to remove my name from the mortgage. His deadline was June of 2010. He still has not done this. What legal steps can I take to enforce this court order?

1 Answer

Answered on: 9/22/13, 4:38 pm by Glen Ashman

The answer depends on the EXACT wording of the divorce, which you did not share. Share that with your attorney as you need one, and should have seen one three years ago. Nonetheless, decrees are enforeable by contempt, and you can hire a lawyer to fire for contempt. Note that he may have defenses, such as an inability to get financing due to his credit or property values. However, if you show it happened because he didn't try, a judge may find him in contempt.

Your delay will hurt you, as a judge may feel that since you weren't concerned he shouldn't be so concerned either.

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