Deceased Father and ex-wife on mortgage. Can we force her to sell or pay off?

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Deceased Father and ex-wife on mortgage. Can we force her to sell or pay off?

My father passed away several years ago and owned a home in NC. His ex-wife was
still on the mortgage. She currently lives in Florida and hasn’t lived in the
home for over 10 years. Can we force her to either sell the home or pay us my
father’s half of the home value?

Asked on April 19, 2018 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The name of the legal action is actually an action "for partition," not "ejectment": apologies for any confusion.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can bring a legal action which is traditionally called an action "for ejectment" (though GA may have a different name for it) in which  you ask the court to order the sale of the home  and that the proceeds or profits from the sale (after paying the court costs, costs of sale, and paying off any mortgages, etc.) be distributed among the owners. This is the law's remedy for when the owners of real estate cannot agree as to what to do with it. If you want to explore this option, consult with a GA real estate attorney.


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