Legal Question in Real Estate Law in Georgia

marital property/divorce

When my husband purchased our marital home he did not put my name on the mortgage. However, my name is listed on the equity line of credit on the home. We are in the middle of a very nasty divorce in which he claims that I do not have a right to any of the equity of the marital property. We are still married (it will be 11 years in April 2007) and we live in Georgia.

What are my rights to this property? I asked for half of the equity. Since we separated in Nov of 2005 he has been borrowing as much as he can against the remaining equity on the propertry. How will this affect me?


Asked on 1/29/07, 11:43 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: marital property/divorce

That is a question for your lawyer. If you do not have one, and the divorce is "nasty," and/or involves significant assets, you need to get one now. We can't speculate about all the facts, or provide specific advice about a pending case. Also, when you get a lawyer, retain one who handles domestic as a primary part of their business. In a case like this, it is best to go with an expert, and not a lawyer who dabbles in many areas and offers to take your case.

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Answered on 1/29/07, 11:49 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: marital property/divorce

As an attorney who is experienced in both divorce and real estate law, I do not recommend that you continue to proceed without employing an attorney. The sooner, the better, because you need to attempt to prevent further debt being incurred in your name. Call me if you wish to pursue my suggestions.

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Answered on 1/29/07, 12:18 pm


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