Legal Question in Real Estate Law in Georgia

Divorce - property

I am retired from the military. My exwife and I divorced in 2003. I signed a quit claim deed for her to have possession of our home. The loan is a VA loan and is in my name (and hers) which prevents me from using the loan and reflects on my credit. She refuses to refinance the home in her name. Her credit is good and she makes $100,000+ per year so she is able. We have one child in the home (17 years old). How can I get her to refinance the home so that I can have my Va Loan?


Asked on 9/01/08, 5:54 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Divorce - property

Consult with a local attorney. It may be possible that you can seek a modification of the divorce decree. However, all the facts and circumstances need to be examined.

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Answered on 9/01/08, 6:37 pm
Robert Thompson J. Robert Thompson Attorney

Re: Divorce - property

Unless your divorce decree requires her to refinance the house, or can be modified to do so, there is no way you can force her to refinance. It may be that the VA will take some action if they are notified that you no longer own the property (this depends on the terms of the loan), but there would be some risk to you involved.

In all events, you should have an attorney examine the divorce decree and the loan documents, to advise you of your options and to take whatever action is available to you.

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Answered on 9/02/08, 11:48 am


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