Legal Question in Family Law in Georgia

Uncontested divorce

my mortgage and 2 cars are in both of our names. Can I get his name off the mortage if he agrees since the deed is in my name only without refinancing. then can we split the cars?


Asked on 5/19/09, 2:08 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Uncontested divorce

Neither you nor he can agree between yourselves tio breach the contract yopu have with your mortgage lender. While you can say who will pay a debt, you cannot erase the other person's liabiity to the lender. Only a refinancing, sale, or assumption can do that.

There are ways to address joint debts - some riskier than others - and this is why divorce is never a do-it-yourself proposition.

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Answered on 5/19/09, 7:58 pm


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