In court documents filed Monday in Fulton County Superior Court, Biermann claims that the estranged couple is “financially destitute, largely” because of Zolciak’s “reckless spending habits and love for online gambling.”
Biermann also lays out the extent of their financial troubles, including an IRS lien on their Alpharetta, Georgia, mansion for unpaid taxes in the amount of $1.1 million. Biermann also lists the lawsuit he’s facing from BMW. He owes the car company $400,000 in unpaid car notes. Biermann also mentions the Capital One/Saks lawsuit filed against Zolciak and “another lawsuit” he’s facing “by a company demanding repayment for a line of credit issued by a casino in the Bahamas.”
This financial burden, Biermann claims, is exactly why he wants the court to grant him permission to sell the estranged couple’s $3 million mansion. He claims that “the only asset the parties have is the marital residence and they are facing foreclosure on the home for a second time.”
Zolciak and Biermann first faced foreclosure in February, and the home was set to be auctioned on March 7. However, the parties were able to avoid foreclosure and the residence was taken off the auction block. At that time, an agreement was reached with Truist Bank that placed the estranged couple on “foreclosure probation,” meaning they had to make their mortgage payments every month for three months, and the unpaid amount would be placed at the back of the loan to avoid foreclosure again. But after failing to make July’s payment, the home is once again facing foreclosure.
Biermann says “there is some equity” built on the marital home despite the IRS lien, and that’s why Biermann is requesting permission from the court to immediately place the home on the market “so the parties could use whatever equity remains to acquire separate residences.”
Biermann, 38, claims that “the toxicity enveloping the marital home is extremely detrimental to the mental and emotional well-being of the children.” Biermann and Zolciak, 45, share Kroy Jr., 12, Kash, 11, and twins, Kaia and Kane, 9. During their marriage, Biermann adopted Zolciak’s oldest daughters, Brielle, 26, and Ariana, 21.
Due to their financial problems, Biermann says he and Zolciak have been forced to live under the same roof but the living situation, he claims, is not sustainable.
“[Zolciak] has called the police to the residence at least two times to mediate ridiculous arguments between the parties; once because [Biermann] wouldn’t allow [Zolciak] into the master bathroom while he was showering and then again, when [Biermann] locked [Zolciak] out of the master bedroom so he could attempt to get some much-needed sleep,” the court documents state. “It should be noted that weeks prior, [Biermann] had taken up residence in another bedroom. In addition to visits from law enforcement, whenever [Zolciak] is in the home with [Biermann], she insists on airing their marital problems, in a very loud voice, in front of the minor children.”
Biermann wants the court to deny Zolciak’s request to have a judge preside over all judicial proceedings. Instead, he wants a judicial officer to preside in an upcoming hearing “so that the matter regarding the sale of the marital residence can be heard and ruled upon.”
He claims that if Zolciak gets her way, “it could well be months before any order regarding the marital residence can be made.”
Biermann claims “time and time again, [Zolciak] has stated that she will not move and therefore will not cooperate in any attempt to sell the marital residence. Unfortunately, [Zolciak] is too self-absorbed to realize the impact her actions will continue to have upon the minor children.”