Legal Question in Family Law in Georgia
In our divorce degree, my ex-husband was ordered to sell the marital home and (not withstanding the agreed upon value of the house) to divide the actual net sales proceeds with me after all other expenses were paid. After six months, my Ex had the property appraised and is now offering to buy out my equity at the current appraisal value. I am inclined to accept rather than to wait and risk a delayed sale for perhaps even less than the buy out offer. My ex-husband's attorney said that there has to be a modification of the divorce degree. Is that really necessary? Also, since there will be no actual sale, must I go along with current market prices?
2 Answers from Attorneys
I'd have to read the decree (feel free to call me at 404-768-3509 for an appointment) but I suspect this could be carried out with a contract and not a full fledged modification. That would save you another filing fee of $205, and also save legal fees.
Given the current real estate market, getting money now may be smarter than the long term hassle of hoping for a good sales price. So if you're okay with the numbers, and you and he would have to agree on a number to do this, it makes sense.
NO and maybe
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Good Luck
Ralph
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