Atlanta, GA asked in Consumer Law for Georgia

Q: Can I take my X back for contempt because he can't refinance to remove my name of hm loan? Can he be made to sell hm

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2 Lawyer Answers
Answered
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in Georgia

A: Contempt is (a) knowing of the contents of a court's order as ordering you to do something; and (b) a willful refusal to disobey the order.

Someone who has tried but cannot refinance because of credit issues is not guilty of contempt because the inability to comply is not willful. And there is nothing that a court could do to make the person comply. If the ex-spouse cannot refinance that's it.

As to whether the court can force a sale, I don't know as you don't relate any other details here. However, this is not a consumer law question. If it is an ex-spouse and there is a jointly held asset, it suggests that you were married and this arose in the context of a divorce and equitable distribution proceeding. In such case, if you want to go back to the family court, you need to discuss this with your family law attorney to see if the court would be inclined to force a sale of the property. The only other way to force a sale where there are 2 or more parties on the deed is to bring what is called a partition action. However, partition actions do not bring in a whole lot of money and if the house is mortgaged then this would not be a good option.

Answered
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in Georgia

A: Contempt is (a) knowing of the contents of a court's order as ordering you to do something; and (b) a willful refusal to disobey the order.

Someone who has tried but cannot refinance because of credit issues is not guilty of contempt because the inability to comply is not willful. And there is nothing that a court could do to make the person comply. If the ex-spouse cannot refinance that's it.

As to whether the court can force a sale, I don't know as you don't relate any other details here. However, this is not a consumer law question. If it is an ex-spouse and there is a jointly held asset, it suggests that you were married and this arose in the context of a divorce and equitable distribution proceeding. In such case, if you want to go back to the family court, you need to discuss this with your family law attorney to see if the court would be inclined to force a sale of the property. The only other way to force a sale where there are 2 or more parties on the deed is to bring what is called a partition action. However, partition actions do not bring in a whole lot of money and if the house is mortgaged then this would not be a good option.

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