Legal Question in Family Law in Georgia
house mortgage
I have got my divorce and let my ex husband have the house because I felt sorry for him and my divorce reads..He gets the house and all depts therein concerning the house.He will not refinance and I have got my 2 children and myself that cannot buy anything because it is showing that I am still paying for one.Can I make him sell the house to remove my name.I never signed a quit claim deed.Just the divorce papers saying that he gets the house and dept to the house.I dont see how I can be responsible for a payment and have no right to the house.I wanted to know if there is a way to have me taken off the loan or to force him to sell.Also,What would happen if he would pass away or just not pay?
1 Answer from Attorneys
Re: house mortgage
Certainly your lawyer in the divorce explained this you, and he will know the exact language in the divorce paperwork.
The divorce needed to specify who gets the house, and should have required you to sign a deed if you were giving him the home (you may be in contempt for not signing a deed,and the papers should say how and when you were to do that).
The divorce could either have simply said he makes the payments, in which case you stay on the loan, or require him to refinance. The answer to the question depends on that, and that answer is in your papers. It cannot be changed now, so ask your lawyer which applies in your case. Your lawyer will know (and certainly discussed these options with you). If the divorce required a refi and that has not happened, see your lawyer to discuss a contempt or other remedies to enforce the decree.
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