Legal Question in Family Law in Georgia
in the divorce settlement, my ex was given the house, and one year to remove my name from
the mortgage. it has now been a year and a half, and my name has not been removed. what is the
best way to handle this to have my name removed?
thanks.
2 Answers from Attorneys
Hopefully you did your case with a lawyer as your lawyer will have written into the paperwork what can be done if this didn't happen. If you did your divorce pro se (which is always a huge mistake) you likely did not think of such remedies and you may have lessened your ability to enforce the settlement. Either way, you need to see a lawyer to determine what to file or do. Your tools will be far better if you had a lawyer at the time.
The easiest step is to send a letter (certified amil/return receipt) of the contempt.
Thereafter, file a petition for contempt. In the divorce decree there should have been a provision that sets forth a remedy for the failure to comply with the decree.
If you don't already have a lawyer, I am available to discuss the matter further.
[email protected] or (770)367-1234.