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He needs to sell the house???

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sweetpea1!

Junior Member
What is the name of your state (only U.S. law)? Georgia

Hi all...My ex and I divorced the end of 2013. We didn't get lawyers for our divorce as it was uncontested and no children involved. I voluntarily left the house and in the divorce papers I stated that I would leave and he could have the house. The house is in both of our names and he still hasn't refinanced the house to get it out of my name. He has told me that I legally gave him the house and there was nothing that I can do. Yes, I gave him the house with the thinking that he would get it out of my name. Is there anything that I can do? Can I sue him and possibly make him sell the house?
Thanks in advance for your help.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Georgia

Hi all...My ex and I divorced the end of 2013. We didn't get lawyers for our divorce as it was uncontested and no children involved. I voluntarily left the house and in the divorce papers I stated that I would leave and he could have the house. The house is in both of our names and he still hasn't refinanced the house to get it out of my name. He has told me that I legally gave him the house and there was nothing that I can do. Yes, I gave him the house with the thinking that he would get it out of my name. Is there anything that I can do? Can I sue him and possibly make him sell the house?
Thanks in advance for your help.
You can go back to court to request an order for him to take steps to remove our obligations re the house.
 

Ladyback1

Senior Member
What is the name of your state (only U.S. law)? Georgia

Hi all...My ex and I divorced the end of 2013. We didn't get lawyers for our divorce as it was uncontested and no children involved. I voluntarily left the house and in the divorce papers I stated that I would leave and he could have the house. The house is in both of our names and he still hasn't refinanced the house to get it out of my name. He has told me that I legally gave him the house and there was nothing that I can do. Yes, I gave him the house with the thinking that he would get it out of my name. Is there anything that I can do? Can I sue him and possibly make him sell the house?
Thanks in advance for your help.
If it was not specified in the divorce agreement, then he most likely doesn't have to do a stickin' thing about the house.
And if the wording of the divorce agreement just says you agree to leave the house voluntarily and give it to him, then he is right--not a lot you can do; EXCEPT get back to court and have everything clarified.
 

sweetpea1!

Junior Member
Thanks for the replies. And this is why I should have gotten a lawyer. In the beginning it was amicable and then after the divorce was final was when it all turned ugly with him. I found about an affair he was having and he knows that if I had known earlier then I would have taken everything, but I just wanted out so I didn't ask for anything at all and now this is what I am fighting with.
 

Ohiogal

Queen Bee
Thanks for the replies. And this is why I should have gotten a lawyer. In the beginning it was amicable and then after the divorce was final was when it all turned ugly with him. I found about an affair he was having and he knows that if I had known earlier then I would have taken everything, but I just wanted out so I didn't ask for anything at all and now this is what I am fighting with.
Actually you wouldn't have taken everything. Not at all. Why do you think you would have?
 

latigo

Senior Member
You can go back to court to request an order for him to take steps to remove our obligations re the house.
Do you think that would hold up? That is, short of a nunc pro tunc order based on something in the trial record indicating that it was the parties' intention that the husband be required to refinance the house, or in the alternative sell it. Which is obviously the only way to relieve the OP of the mortgage.

I ask because there seems to be adequate authority denying post judgment modification of a division of marital property and a post judgment modification that could result in the ex being forced to sell property awarded to him seems to fall within the reasoning of those cases.

With respect as always, lat.
 

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