Rome, GA asked in Divorce, Tax Law and Family Law for Georgia

Q: In my divorce from my abusive husband I was ordered to sell my land and split the money. He has paid no taxes in 6 years

No cooperation with real estate agents from him… I have no problem selling to be done with him but he will not cooperate and sell… I cannot sell anything with both of our names on it without his signature. What do I do? What do you do when one party will not cooperate with a court order? It is costing ONLY ME money in taxes every year.

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3 Lawyer Answers
Regina Irene Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: If there is a court order already, you have to follow it.

V. Joy Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Unfortunately it sounds like it’s been 6 years since the court ordered the sale so there’s nothing you can do to ask for reconsideration at this point. You may be able to ask for reimbursement of the taxes, but there’s a possibility that the court would deny that.

Alake Colwell Furlow
Alake Colwell Furlow
Answered
  • Dacula, GA
  • Licensed in Georgia

A: Unfortunately, you should have determined the issue of unpaid taxes during discovery, in your divorce. Finding that out after the divorce is final, leaves you out of options of how to handle it. Because now that the divorce is final, you can't ask the Court for an order for him to pay any of those unpaid taxes. Now you have to pay them, if he won't give you any money to pay them, because now your case is over and this can't be addressed. In your divorce it should have been part of the order that both parties need to comply with the process for the sale of the property. That means cooperate with the realtor and sign the proper documents to proceed with the sale. If he refuses to cooperate with the sale, which you were ordered to sell, you should take him back to court on contempt. Because again, it should be a part of your order that both parties need to comply with the procedures for the sale of the property. Speak with an attorney at this point to review your divorce documents and see what your next steps should be.

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