Legal Question in Family Law in Georgia
Real Property after Divorce
My ex-wife and I divorced in 2003. Since she had full custody of my 2 boys, I agreed to let her have the house. The decree states ''the Wife shall have the sole and exclusive right, title and possession in and to the real property....Husband agrees to quitclaim to Wife any and all interest he may have in said property within (30) days following the execution of this agreement and Wife agrees to idemnify and hold Husband harmless regarding mortgage, taxes and other obligations regarding same''. However, since then, she has been 30-90 days past due on the mortgage which has greatly affected my credit. When we bought the house right after we got married, it was in my name and only had her name on it as my wife and she did not have to qualify at that time. She did not work either. We are already working on getting my name off her mortgage. I never did a ''quitclaim'' but she also never assumed the loan or refinanced it into her own name. Now I am stuck with bad credit and just found out she moved out! What are my rights to the house? The mortgage company will come after me if she doesn't pay. We think she may have renters which I believe is against our mortgage policy. Creditors don't care what is in a divorce decree.
1 Answer from Attorneys
Re: Real Property after Divorce
In violating a court order you would have a hard time saying she violated the order because she can say "I didn't pay because he never gave me the house." It really boomerangs to go to court when you have directly violated a court order, and I am surprised your lawyer didn't make sure the quitclaim was done. Your best bet might be to work something out with her where she gives up her interest and you take over, if she agrees to that.
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