One week after filing for divorce for the second time from Kim Zolciak, estranged husband Kroy Biermann filed documents on Thursday, August 31, requesting an emergency hearing to authorize selling the family’s suburban Atlanta home, according to court documents obtained by In Touch.
Kroy, 37, filed the paperwork with the Fulton County, Georgia, Superior Court asking that the “marital residence be “sold immediately and the proceeds from the sale to be placed in escrow.” The former NFL player noted that “the mortgage on the marital residence is held by the financial institution, Truist and is held in Petitioner’s (Kroy’s) name alone. The names of both parties appear on the property deed.”
Kim, 45, was served on August 25, but did not file her answer to Kroy’s petition at the time of filing. She has retained an attorney.
The Don’t Be Tardy alum wants to sell the Alpharetta, Georgia, mansion immediately as “over the course of the marriage the parties have incurred significant debt.” Kroy made reference to the foreclosure proceedings in February 2023, when the home was set to be auctioned off on March 7.
His motion detailed, “In just the nick of time, the parties were able to avoid foreclosure and the home was taken off the auction block” thanks to an agreement with where they were put on “foreclosure probation,” which meant if Kroy and Kim made their mortgage payments every month for three months, “the unpaid amount would be placed at the back of the loan and foreclosure again avoided.”
Kroy claimed Kim wrought “financial devastation” upon the family, but that he was able to make payment in May and June by selling off “designer backpacks and other personal items.” The former Atlanta Falcon said he “begged” Kim “to sell some of her purses to help make the payments but she refused, stating the purses were ‘hers,’ and she was not going to sell them.”
Kim and Kroy failed to make their July mortgage payment and are again facing foreclosure on their home. The Montana native filed for divorce for the second time on August 24, In Touch confirmed via paperwork filed at the Fulton County Superior Court. The duo initially each filed for divorce on May 8, although Kim withdrew her divorce request on July 7.
In his second filing, Kroy stated that their marriage was “irretrievably broken.” He requested sole legal and physical custody of their four youngest kids, K.J., 12, Kash, 11, and twins Kaia and Kane, 9. Kroy also asked for child support and alimony, as well as exclusive use of his and Kim’s marital residence in Alpharetta, Georgia, which he now wants to sell.
The retired athlete brought up the former couple’s other financial issues in his filing, including the $1.1 million federal tax lien on their home based upon missed tax payments in the years 2013, 2017, and 2018. Kroy also stated that the duo is “facing lawsuits for nonpayment from various entities including, but not limited to, BMW, Target, American Express, Saks/Capital One, and Sky Warrior.” He called the former couple’s financial situation “dire” and “will soon dramatically affect the well-being of” their four young kids.
Kroy went on to claim that during their financial crisis, Kim “flew to Los Angeles for some rest and relaxation.” The Real Housewives of Atlanta alum shared a series of Instagram Stories on Monday, August 28, showing herself and daughter Brielle Biermann sitting in first class aboard a Delta flight out of Atlanta. Kroy stated in his filing that Kim “refuses to acknowledge the parties’ financial situation and her role in creating it.”
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