Cornelia, GA Divorce Law Firms & Lawyers

Did the paper state that she was responsible for paying the mortgage. If so, you can file a contempt action against her for failure to do so. If it does not state who is responsible for paying the mortgage then you have a big mess and is advise you to meet with a divorce attorney ASAP!

You should hire a competent family lawyer, like me, if you have not already done so. Your question is difficult because the other facts and circumstances of you case may determine what portion of the equity in the vacation home, if any, the court will award to you and/or your wife. When you refer to half the funds used for the purchase, I assume that you mean 50% of the down payment on the vacation home and not 50% of the equity of the vacation home. It may be possible to argue that you should receive the entire down payment, and that any equity above the down payment amount should be divided. This argument may be subject to several counter arguments. For example, you indicate that you refinanced your primary home to make the down payment on the vacation home. Has your wife contributed to the mortgage payments, utilities, maintenance, upkeep, etc of the primary residence? If so, it may be argued that she has contributed to payment of the loan used to obtain the down payment on the vacation home. There may be other arguments for and against an award of a percentage of the down payment amount. My suggestion is that you attempt to negotiate a global settlement considering all of your assets.

It sounds like the judge is asking for proof of service. There are very specific methods of service for civil actions. If you have not properly served your spouse as provided by law, the court will not enter a judgment on your behalf. You should consult with an attorney for further clarification.