Legal Question in Real Estate Law in Georgia
My divorce decree left a home to my ex. the judge ordered her to get the home refinanced in her name so I would not remain liable for the home. She was denied refinancing by the bank. Now she is 6 months behind on the mortgage and my credit is being affected. what can I do to resolve this?
2 Answers from Attorneys
You can take her to court, either for Contempt, for not following the court order, or for a Modification.
I would respectfully suggest that Charles Field's answer is incorrect.
You can sue her for contempt but if she honestly can't refinance it, a judge would not find her in contempt as contempt is a WILFUL violation.
Contrary to his post, property settlements are not modifiable.
Your post is one of the reasons I don't recommend divorce settlements where a loan must be refinanced later. As a practical matter, those often leave the unsolvable mess you are in now.
You might see if she would agree to deed the property back to you where at least you get some benefit if you catch up the payments.
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