Legal Question in Family Law in Georgia
My ex wife and I divorced last year and in the divorce decree it stated that she was solely responsible for the mortgage and upkeep payments for the house until June 2012 when I would then take over. I am the title holder for the mortgage. She did not however pay any of the mortgage and I am unable to pay my own rent and child support ($776 per month which would've covered most of the mortgage if she had been sensible) However, my own divorce lawyer suggested not paying child support and me paying the mortgage with it and an extra $300 out of pocket expense for me too. I did not want to do this as I feel my children deserve the child support(it has meant to be support not for her to use for the house, she should be able to house them).
The mortgage company has denied hardship (I didn't know it hadn't been paid for 5 months) and now I want to sign the house voluntarily, a deed in lieu, to avoid foreclosure. What I would like to know is am I breaking anything legal to do this? I know she was in contempt of court for breaking the decree but I do not want to sign the papers if it means I am also breaking it. The decree does not state anywhere that I am responsible for housing them only that she has full use of the house and will be solely responsible for all mortgage and upkeep payments until June 2012.
If you could give me some legal advise and some suggestions I would be very grateful. Is there any way I can get some of the money she did not pay back from her? My credit has been badly affected by this situation. I am extremely worried.
Thank you very much.
2 Answers from Attorneys
You have a lawyer who knows your case, and you pay him/her to answer your questions. It is a very poor idea to try to have lawyers on a general information anonymous website second guess the lawyer you paid to handle your case. If you don't trust or care for your lawyer, hire a new one.
There is no possible way for any lawyer to answer you without reading the paperwork. As you correctly note, you can get in trouble for self-help. You can't violate the paperwork just because she did.
Since it appears you have a lawyer, you either need to follow his advice or pay another lawyer to review the papers and facts.