Legal Question in Family Law in Georgia

I went thru a divorce 3 years ago and in the divorce my X got the house. Both our names were on the morgage and my name should of been removed at that time. I found out about a year after the divorce that my name was stll pn the morgage and contacted my X that he needed to contact the lawyer we both used (at the time I could not afford my own lawyer) to get the papers needed to remove my name from the morage. He neglected to do this. Now he is very egar to do this process. My question is: Can I get any compsenation from him because since he was the one who wanted the divorce(I did not) and has waited 3years to do this?


Asked on 6/04/10, 7:54 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Lawyers don't get names removed from mortgages. The only way that happens is if someone refinances or assumes the mortgage. Your divorce paperwork contains the answers as to whether or not that was required. Based on your post, you probably chose in the papers to transfer title without requiring a refinancing.

Please note that you CANNOT and DID NOT both use one lawyer. That is grounds to disbar a lawyer. It sounds like you made the mistake of dealing with his lawyer, and it is unlikely you have a right in that case to remove his name. See a lawyer now that YOU hire, but it is unlikely you can fix the mistake that was caused by you choosing not to have counsel. As you have found that is an expensive mistake.

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Answered on 6/04/10, 11:05 am

You should not have transferred your rights to the home UNLESS it was required in the settlement agreement that he refinance the home. Read your settlement agreement and if you are confused, discuss this with a family law attorney and have them read the agreement.

The same lawyer should not have represented you both. And even if the lawyer did, it was not up to the lawyer to remove your name from the mortgage. That was your ex-husband's job IF the agreement required him to refinance the home.

You can ask if your ex-husband will consider giving you your share of the equity in the home, but I doubt it. IF you do not sign, he may try and take you to court and you are not going to win.

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Answered on 6/04/10, 11:30 am


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