Potential foreclosure of house that ex-wife has due to change in salary

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Potential foreclosure of house that ex-wife has due to change in salary

According to my divorce decree (in Georgia), I was to pay the mortgage on the house that my ex-wife and I shared until the house sold. The ex lives in the house and has it for sale, but priced way above current market value. My salary was cut 3 months ago. I am now having a hard time paying the mortgage, and there is a real possibility of having to go into foreclosure. The deed and mortgage are both in my name. Where do I stand legally? Will I be held in contempt is I have to foreclose? Can I, myself, lower the price of the house to fair market value?

Asked on June 23, 2009 under Family Law, Alabama

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a Georgia attorney, and the law and procedure do vary from one state to another.  But I'm sure there is a way you can ask the court that entered the decree to force the house to be listed at a reasonable price.  There are a few different ways to do this as far as the details, and you'll have to prove what a reasonable listing price would be.

The best way to go about this is to have a Georgia attorney (the one you had for the original divorce, if possible) review all of the facts and file the papers for you.  If you need a new lawyer, one place to look is our website, http://attorneypages.com


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