Legal Question in Family Law in Georgia
Son lives in State of georgia, going thru divorce. Wife is walking away from (1st & 2nd) mortgages on their home. They are upside down--no equity $. to divide.
My question is this: can son sue her for breach of contract because she is leaving him to pay the mortgages? if not breach of contract, what can he sue her for to hold her responsible for her 1/2 of mortgages she is trying to walking away from?
Thanks,
John Dunphy
1 Answer from Attorneys
She hasn't breached any contract to your son. She can be sued for that breach by either mortgage lender.
He can't sue her for anything except divorce. To get a divorce, all issues must be resolved. That will include who pays debts and gets property. If the parties do not agree the court will decide (and it may not always be 50-50) how to divide things.
If he does not already have a lawyer, your son needs one.
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