Legal Question in Family Law in Georgia
My ex-wife was awarded the family home in the divorce. She is responsible for the mortgage payments, which are constantly behind. The mortgage is soley in my name and the mortgage co. will not even discuss having it changed to her name. My credit is being damaged every month. What can I do?
2 Answers from Attorneys
Unfortunately, this is a trap too many people fall into during their divorce. People are more likely to be victims of this provisions when they don't have counsel during the divorce.
In any event, does the order require her to obtain financing her name or sell the house before a date certain? If so, you should make sure she sticks to that deadline. In the meantime, with the information you provided, your only recourse is to file a petition for contempt.
I gather you made the mistake of not having counsel, who would have, as Paula noted, addressed the issue. Without seeing the paperwork, there is no way to know if you made a mistake that can or cannot be fixed.
The mortgage company will NOT change the morrtgage. That is an issue that YOU had to address, in the divorce, with a requirement that the house be sold if your spouse failed to refinance or got behind.