Legal Question in Real Estate Law in Georgia
I have a house that was purchased during a previous marriage. My ex signed a quit-claim deed so that the deed is only in my name. The divorce settlement stated that I needed to re-finance the home so that the mortgage will only be in my name. Unfortunately with the state of the current housing market, I have been unable to re-finance the house and I have been attempting to sell it without any success. As it stands now, the mortgage remains in both my name and my Ex's, but the deed is only in my name. My Ex has been threatening and harassing me about the house because he is now unable to purchase another home due to his name being on an existing loan.
My question is, if I re-marry with this current financial/asset issue in limbo with my Ex, can this affect my new husband? Can any legal action that my Ex attempts to take against me in regards to the house and mortgage drag my new husband in to it? If the mortgage is defaulted on, will it affect my new husband in any way?
1 Answer from Attorneys
This is a question that comes up often given the real estate market collapse.
Your exact rights and his possible remedies are both set forth and limited by the exact language of the divorce papers, so it would be smart for you to sit down with a lawyer in a paid consultation.
Typically, the normal main worry, a contempt, is less likely, as he probably cannot prove a wilful failure to comply. And as for the possible effects on your new husband, some premarital advise and a prenuptial agreement can be used to keep your financial affairs separate and keep the new husband out of things.
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