Fayetteville, GA asked in Family Law for Georgia

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

Related Topics:
1 Lawyer Answer
Beverly L. Cohen
Beverly L. Cohen
  • Roswell, GA
  • Licensed in Georgia

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.