How can I make my ex-wife finish buying our our house after divorce?

My wife and I bought a house 5 years ago. We divorced 2 years later. We continued joint ownership until last year when I decided to move and she wanted the house. We decided that she would procure a mortgage for the balance on my mortgage and pay me $5,000 for my interest in the house. She did pay me the $5,000 but has never come gotten a mortgage and completed the transaction. How can I make this happen?

Asked on May 23, 2012 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

And all this was part of your settlement agreement submitted to court and made a part of your divorce decree?  I ask becuase then you can make a motion to compel her to do what was agreed or for contempt of the court order if you are not past the statute of limitations on the matter.  You need to have an alternative "plan" in that if she can not refinaince do you want to ask the court to allow you to sell?  Then you have to waive the splitting of the proceeds as you already got your money.  Good luck.


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