Legal Question in Family Law in Georgia
Real estate owned by divorced couple
My ex and I own a home together. The divorce aggrement states that the house is to be sold and the profit split. Until the house sells I am required to pay half of the bills in the house. (Mortgage etc.) I made arrangements to refi the house into my name and my ex then changed his mind on the sell and now he refuses to list the home with an agent. He is listing it for sell by owner. He declined offers on the home without my knowledge when it was previously listed. What are my chances of having a judge order him to list it or relieving me of having to pay for it any longer if I sign it over to my ex?
2 Answers from Attorneys
Re: Real estate owned by divorced couple
Consult with a local attorney. The direction to sell the house implies a duty to act reasonably.
Re: Real estate owned by divorced couple
The chances of the Judge relieving you of having to make payments are practically zero. That is an issue between you and the lender, which is (presumably) not a party to the case. Signing the deed to your husband would likely result only in you losing any rights to the property but still keeping all liability, even if he agreed to make the payments or the Judge ordered him to make them.