Legal Question in Family Law in Georgia

What do you do when my name is on the deed and mortgage only. And ex wife has exclusive rights to the house? Divorce papers say within three years we split difference mortgage goes in forecloser profit or loss. Does not say anything after the three years what happens and who is obligated to pay.

Asked on 8/28/13, 11:31 am

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

This is one of those provisions which often show up in divorce decrees, and they leave lots of room for interpretation. There are many things which can happen within 3 years to either of you or your ability to pay for the house, and it appears that nothing was put in the decree to cover these. In such a case, you need to stay on top of what her intentions are, and be ready to go back to court to get a ruling if she starts playing games with the house or the payments. In the meantime, you need to closely monitor that the payment are being made (if she was ordered to pay them) to make sure your credit is not ruined.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website:

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Answered on 8/28/13, 11:53 am

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