Legal Question in Real Estate Law in Georgia
quit claims deed
my wife divorced her first husband almost three years ago. since some time after that she married me. however in their divorce agreement her spouse signed a document stating he will take over payments of the house they lived in. he recently moved out and stopped payments. my wife forgot to file a quitclaims deed and now the bank is hounding her. what can we do?
2 Answers from Attorneys
Re: quit claims deed
A divorce decree does not alter her liability for the debt, unless the lender agreed to release her (which would be very unusual). If she is still liable for the debt, of course they will look to her for payment. You do not provide enough facts about the deed, but the mere fact that a deed is not recorded does not mean it is not valid.
Re: quit claims deed
If the final order says that he will make the payments then he is in contempt if he does not make them. The remedy is for your wife to take him back to court and enforce the order. One of the things the court can do on a civil contempt is put him in jail and the person in contempt may have to pay the attorneys fees. Consult a family law attorney and they can help you.
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