How to collect money per a divorce decree?

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How to collect money per a divorce decree?

My father’s divorce degree states that he is to be paid his equity from the

family home upon death, re-marriage or sell of the home. My mother recently

passed away and her boyfriend is still living in the house and is executor of her

will from my understanding. What actions should my father do to receive his

equity from the house?

Thanks

Asked on September 11, 2018 under Family Law, Georgia

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for your loss.  He needs to go to court and start an action based upon the divorce agreement (which is a contract) and he needs to evict the squatter from the home.  Though this is not as easy as it sounds here.  I am assuming when you say "upon death" you mean your Mother's death, which has happened.  What did her Will do with the house (which I am also assuming she got in the divorce)?   Is his name still on the deed or was there a quit claim?  Did she refinance him off the mortgage if there was one? Help him out by bringing him to an attorney who has to review all the documents here.  You can review her Will in the court filing too.  Good luck.


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