What can I do if my ex-wife stopped paying the mortgage?

Divorce decree states she is solely responsible for mortgage payments until next summer when I will take over sole responsibility. The mortgage is in my name only. She has been receiving child support every month and has a job but says she lacks funds. What can be done about this? Am I able to claim the money back? I cannot afford to pay with my own rent, child support, bill ,etc. I have contacted the mortgage company to apply for hardship in the hope they will help; she has not paid in 5 months. What legally can I do?

Asked on October 26, 2011 under Family Law, Georgia

Answers:

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

Answered 9 years ago | Contributor

You need to go back to court to ask for a modification of the agreement and to ask that the court allow you exclusive occupancy of the home NOW.  This is going to take a lot of juggling on your part though with your rental agreement, etc.  I am unsure what you mean by "claim the money back" here.  Were you planning on bringing the mortgage up to date by paying back the arrears?  One would have to read your agreement to see how things are worded in order to determine how this would work financially between you.  But I agree that you need to make a change to things as they are and fast before you lose the house.  Good luck to you. 


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