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Ruling to keep the house may affect Georgia divorce

Residents in Georgia may be surprised to learn about a woman in another state who has been ordered by a judge to sell her home before her divorce is final. The woman is asking for a court order to instruct the judge to stop the temporary order he gave her to sell the house both she and her husband own. The woman faces the threat of being charged with contempt if she does not comply. Now, however, she claims the judge has gone overboard in what he requires of her in the divorce proceedings.

During a hearing, the judge settled on a value of the house in question and instructed that the couple find a realtor to list it for sale. The judge also ordered the husband to begin paying the woman a monthly sum as alimony. The judge told the couple if they could not settle on a realtor, he would name one for them. He also chose a date for the finalization of the divorce.

The woman stated she used most of the monthly sum for house payments. She had applied to refinance the house in her name, hoping that would allow her to stay in the house. Although the bank had accepted her application, it was contingent upon the finalization of her divorce and an exact monthly alimony sum.

At the divorce finalization hearing, the couple informed the judge they had not found a realtor and he ruled on a continuation for another two months. The woman requested the judge hold off on finding a realtor until he decreed a final sum for alimony and equitable distribution of assets so she would be able to finalize the refinancing of the house. The judge refused and gave her one week to list the house.

Going through a divorce can be a stressful situation on its own. Having to give up a treasured home on top of that can add to the frustration. As the law in Georgia can be complicated on many different issues regarding divorce, seeking qualified counsel could be the best recourse for those who wish to truly understand the options they have.

Source: West Virginia Record, "Charleston doctor challenges judge's order to sell home," Lawrence Smith, June 10, 2013

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