Legal Question in Family Law in Georgia
Got divorced. 3 home/mortgage. Wife got 2, I got 1. Agreement was that we each re-finance, in our own names only, each respective mortgage. I got mine done. She doesn't have income to do hers. My name is still on her mortgages. She has faithfully been making payments for 3 years. Now she asks me to help her re-finance because of lower interest rates. Should I go after her for contempt of court (failing to meet agreement - deadline has passed)? Or should I help re-finance?
1 Answer from Attorneys
Past divorce settlements that require a refinance on a house have become very problematic with the decline in house values. In many cases, between that and the ex's income, refi's are impossible.
Contempt may be useless as contempt requires more than a violation. It has to be willful. In other words, if it's not possible, there's no contempt.
Should you help her refi? It leaves you on the hook (bad) but lowers her payments (good, as that makes it more likely she will pay). I'd see a lawyer to draft documents on what happens if she doesn't pay on the new refi, so as to protect yourself as much as possible (perhaps a clause where you get the property).
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