Q: Can judge make my ex husband sell the house if he can't refinance the loan? The order stated to remove my name only
A: Your question is not as simple to answer as it seems. In recent years, the subject has been a hot topic in courtrooms throughout Georgia. The simple answer is yes; if a former spouse fails to refinance the mortgage on the former marital residence within the time provided, a judge can order the property to be sold. However, language in the agreement or final decree controls and may limit what a judge can and cannot do. Usually the former spouse is allowed a certain amount of time to refinance the mortgage such as 6 months or a year. If the refinancing does not occur within the time allowed, the document usually specifies what will happen such as requiring the property to be sold. Other language may address issues related to the sale such as a minimum selling price. Even if the property is ordered to be sold, there is no guarantee the property will be sold any time soon. Without actually seeing the agreement or final decree, it is impossible to know what the judge can and cannot do. My advice is to consult with an attorney who can review the document and advise you as to what the judge can and cannot do.
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