Legal Question in Real Estate Law in Georgia
Legally divorced in Sept 2009 in Georgia. Ex-husband signed a quit-claim deed to the house, leaving only my name on the deed (in Georgia), but both of our names remain on his VA loan that we used to purchase the house. The divorce agreement states that I had 2 years from the date of the final divorce decree to make my "best effort" to either re-finance the house in just my name or sell the home. I attempted to re-fi, but due to the current economy I needed to put an extra 25G down on the house. Not going to happen. So, the house was listed on the market with a realator. No interest on the house and is priced according to the market value. Now the Ex is harrassing me about the house getting sold. I can't help the current economy and housing market. I pay the mortgage and upkeep on the house and I haven't even lived there in almost a year. Now the Ex is saying that I am in "contempt" and he can "make" me re-fi the house. What can he specifically do at this point? The mortgage is paid on time, it is up for sale, and is being maintained.
2 Answers from Attorneys
Contempt is more than a violation of an order. It is a wilful violation. So if you can prove you tried and the language actually just required you to try, you ex is blowing smoke. Ignore what he says, keep trying, and keep paper records of every effort.
If he stupidly wastes money and brings you into court, get a lawyer and counterclaim for attorneys fees and damages for frivolous litigation.
Note that you do have to keep trying.
Let me add that this is a common problem today and most judges will be very familiar with it given the collapse of the real estate market.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
