Can I get a judge to clarify a jury’s charges after divorce hearing in final and they have been dismissed?
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Can I get a judge to clarify a jury’s charges after divorce hearing in final and they have been dismissed?
My former spouse was given the financial responsibility and/or benefit of the house and I was ordered to file a quit claim deed. No one, however ordered that my ex take me off the mortgage. She has neglected to make the mortgage payments and it is now affecting my credit. Can I go back and ask to judge to recharge the jury with clarifying that the mortgage was supposed to be refinanced in her name to avoid this kind of problem. Seems to me all marital assets should have been dissolved and this is still lingering on. The lawyer we had wants $2500 as a retainer to even begin discussion
Asked on June 27, 2012 under Family Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this coutnry, once a jury has been dismissed by the court with respect to a matter it was deliberating the judge is without any power to reconvene the jury. As in your situation, the court has the inherent power to enforce the jury's decision with respect to your dissolution matter.
The problem with taking you off the mortgage securing the loan of the family home is that the court simply cannot do so. For the court to do so would be prejudicial to the lender holding the mortgage. The only way you can be taken off the mortgage of the home is if it is sold and the loan paid off, the loan is refinanced, or the loan is paid off in full.
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