Legal Question in Real Estate Law in Georgia

Estranged spouse back for house he abandoned

Fourteen years ago my parents purchased a house jointly in Georgia. A year later my father moved to Mississippi and filed for divorce from there. Mom's atty in GA said he could not address the division of property since the divorce was filed in MS, and advised her to retain a MS attorney. Mom says she did, but somehow the division of property was not properly addressed and Dad's name has been on the mortgage for the past 14 years with Dad living in another state and not paying a red cent. Now Dad is back threatening to reclaim his interest in the property. I'm assuming Mom doesn't have a leg to stand on if the property wasn't addressed in the divorce decree. What is the best way to handle this situation?


Asked on 11/16/06, 4:33 pm

2 Answers from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Estranged spouse back for house he abandoned

She needs to file a suit to get the property in her name alone if he is unwilling to cooperate. I believe that she will get a favorable judgment if she has been the one paying the house payments, taxes, insurance, and maintenance all these years. Since this is title to property the suit can be filed in the county where the property is located. This is an equity matter and the judge will consider all the factors involved when awarding the property. She needs to consult an attorney as soon as possible so that she can get this taken care of.

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Answered on 11/16/06, 4:42 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Estranged spouse back for house he abandoned

The best way is for Mom to gather all the documents and take them to a lawyer. That'll lead to a much better response than speculation based on second hand information.

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Answered on 11/16/06, 4:46 pm


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