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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If x wife sells house. And I paid half mortgage and property

Customer Question

If x wife sells house. And I paid half mortgage and property tax while married. Am I entitled to money in the sale
Submitted: 2 years ago.
Category: Family Law
Expert:  PDtax replied 2 years ago.
Hi from just answer. I'm PDtax, and can advise.
Expert:  PDtax replied 2 years ago.
The house sale proceeds are often directed to both spouses in the divorce decree. Especially if the husband pays some for the residential ex wife. Check your decree, as sale is often mandated, and equity split. Each divorce is different, so your deal might vary. Some spouse's give up their equity when the property settlement is created, in exchange for relief from retirement or other claims. Review your decree, and good luck. Thanks for asking at just answer. Positive feedback is appreciated. I'm PDtax.
Expert:  Ely replied 2 years ago.
My name is ***** ***** I am one of the experts in the JustAnswer's legal categories . I was asked by the moderators to put in an answer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not to participate in phone calls and I may or may not be able to participate in this feature.
First of all, do look at the decree. Most decrees will specifically state how to divide both the home's debts and income. If the decree does not state that one is entitled to the income from the sale (even if you paid for part of the mortgage/tax while married), then one is not entitled. Keep in mind, that even though Georgia is referred to as an "equitable distribution" state, this means fair but not necessarily 50/50. So she could have received the whole proceeds of the home even if you helped with the mortgage and taxes at time of marriage.
If the decree is unclear, one can always file a motion for clarification to have the Court clarify the decree after a quick supplemental hearing.
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