Legal Question in Family Law in Georgia
divorce decree
If a divorce decree states the husband keeps the house but has one year to refinance the mortgage to remove the wife from it and the wife has signed a quit-claim deed to the house, what can she do if the husband has not refinanced after the one year mark and is constantly late making payments hurting both parties credit history?
1 Answer from Attorneys
Re: divorce decree
Generally speaking, you have two different options available. The quickest, and probably most effective, option would be to file a motion for contempt of court against the husband, for failure to comply with the terms of the divorce decree.
Another possible option, if the parties signed a settlement agreement during the divorce proceedings, would be to sue the husband for damages for breach of contract for failing to comply with the settlement agreement. This would be slower than a contempt action, but would give the option of recovering damages suffered as a result of the husband's non-payment (ex. damages for injury to credit rating).
If you have further questions regarding this matter, please do not hesitate to contact my office to arrange for a consultation.
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