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

UPDATED: Jun 23, 2009

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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


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

Answered 13 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

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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