QUESTION

What can I do if my wife was given the house in our divorce and she is not making payments and its hurting my credit?

Asked on Aug 28th, 2013 on Divorce - Georgia
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6 ANSWERS

You don't say in your question whether your case was concluded by a trial, or by reaching and entering into a Marital Settlement Agreement. If an Agreement was entered into, you would generally have to look to the Agreement first to see what remedies, if any, are provided, and if the Agreement is silent on the issue, you would also look to your Final Judgment of Dissolution of Marriage. If there are no remedies provided in either document, then your options would include, but not be limited to filing an action to enforce your Marital Settlement Agreement, or filing an action for modification in which you could seek to either take over possession of the house or have it sold.
Answered on Aug 29th, 2013 at 10:34 AM

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John Arthur Smitten
If she is not making payments you can file a motion to get the house and retake possession and the payments.
Answered on Aug 29th, 2013 at 10:03 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You could make the payments. You could write all of the credit reporting agencies and provide a copy of the divorce decree and show that she is the sole obligor on the house (which isn't quite true, because you are still obligated on the note), or perhaps you could go back to court and ask for the court to order her to sell the house.
Answered on Aug 29th, 2013 at 9:42 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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In Utah, if the award of the house to your ex-wife in the divorce was conditioned upon her making the mortgage payment in full and on time, but your ex-wife as failed to perform that condition, you can go back into court seeking a modification of the decree of divorce, asking that the house be awarded to you or that the house be sold to remove you from the mortgage is liable party. You can also ask on a temporary basis that your wife the order to vacate the house and that renters be allowed in, if you have renters available, so that your ex-wife no longer has possession and occupancy of the house and you have a means of having the mortgage paid pending sale. There may be other options available to you as well, but these are the most common. You would be wise to have an attorney help you with this as opposed to trying to do it yourself, as doing it yourself will probably take a lot of time but you don't have and you wouldn't want to make a mistake.
Answered on Aug 29th, 2013 at 9:29 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You can make the payments yourself and then sue her.
Answered on Aug 29th, 2013 at 9:27 AM

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Criminal Defense Attorney serving Newnan, GA at Weiss Law, P.C.
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Did the paper state that she was responsible for paying the mortgage. If so, you can file a contempt action against her for failure to do so. If it does not state who is responsible for paying the mortgage then you have a big mess and is advise you to meet with a divorce attorney ASAP!
Answered on Aug 29th, 2013 at 9:07 AM

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