Legal Question in Family Law in Georgia

What do u do when ex spouse is living at my house for three years and now stops paying mortgage. Divorce papers say she has exclusive use that's it about marital homeplace. Mortgage and deed is in my name.

Asked on 9/15/13, 9:25 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office

It's pretty apparent from your post that you made a huge (and usually unfixable, since property settlements are not modifiable) mistake, saving a few dolars and not hiring a lawyer, who would have addressed this in the papers. The few dollars you saved then will probably cost you many tens of thousands of dollars, as with that wording you must pay the mortgage and she gets to live in the house and you can't do anything about it. In the outside chance that you are mistaken about the wording, see a lawyer now, but it sounds like you have learned a hugely expensive lesson - hiring a lawyer in a divorce is necessary and often saves money and adversity.

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Answered on 9/15/13, 9:58 am

Robert Gardner Hicks, Massey & Gardner, LLP

If she was required to pay the mortgage as part of the divorce, she is in contempt of court. You could use this as a basis to file for contempt, asking that you be given possession of the home as a remedy.

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Answered on 9/16/13, 7:23 am

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