Hi - my name is XXXXX XXXXX X'X a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
First, Georgia is not a community property state, so a spouse is not legally liable for the debts incurred individually by the other spouse. So, IF she didn't sign the loan agreement, she would not have any legal liability for the debt.
However, you would be able to enforce the debt against your son. But, since you didn't record a deed of trust to show you were taking the property as collateral/that you claimed a lien, then you may have a hard time capturing the entire proceeds of the sale. If the lien is not recorded, it's not a properly perfected lien.
As for what to do, filing a petition for a temporary restraining order to stop the distribution of the funds until this issue is resolved would be the way to go.
This will provide you with an injunction to stop everything and then make your argument as to why you're entitled to all or part of the proceeds.
With GA not being a community property state, does this mean that plaintiff may not be entitled to half the marital assets? She did not contribute monetarily.
No, it doesn't mean that - - exactly.
Georgia is an equitable distribution state as far as property division goes.
This means that the judge/court will divide the property as equitably/fairly as possible. This DOES NOT mean equal distribution - - it means what is fair and equitable.
What judges believe is equitable is a moving target because it involves the judge's discretion on the subject. However, equitable distribution USUALLY results in a 50/50 split of marital assets, but it doesn't have to.
Your son can argue that he has contributed more so he should be entitled to more upon division and distribution of the marital property.
However, how this plays out will ultimately be up to the judge.
Thanks for your questions, and if you need anything further, please don't hesitate to ask.
Your service was excellent - thank you, Kirk.
Thank you for the kind words. I really appreciate it.
Also, thank you for allowing me to assist, and if you need anything further, please let me know.
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