Legal Question in Family Law in Georgia

If my ex-wife wins the family home in a settlement and the home is in my name. And the court has given her a certain amount of time to either sell the house the house or refinance and she lets the home go in to foreclosure can I sue her for the house being forecloused in my name


Asked on 4/10/10, 10:12 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

That depends on the wording of the divorce, which we have not read.

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Answered on 4/15/10, 10:42 am
Paula McGill Attorney at Law

Has the house gone into foreclose?

Have you talked to the bank about buying the house once it goes into foreclosure?

How long did she have to get the house in her name or sell it?

Also, the divorce decree should have required her to make timely payments. If she failed to do so, you should have filed a motion for contempt regarding her failure to make payments. It is quite common for this to happen, especially when the parties choose not to retain an attorney.

In any event, depending on the wording of the order, you may be able to sue her for any adverse changes to your credit rating, the resulting inablity to obtain credit, etc. If you had an equity interest in the house via the divorce decree, you may be able to recover some of that equity. You may want to consult an attorney (office visit) this time around regarding your rights.

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Answered on 4/15/10, 11:07 am


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