Reese, Judge.Jeremy Borotkanics appeals from a court order finding him in contempt of his divorce decree.[1] He contends that the trial court impermissibly modified the divorce decree and improperly awarded attorney fees and litigation expenses. For the reasons set forth, infra, we affirm in part, reverse in part, vacate in part, and remand this case with direction. The record shows the following undisputed facts. Borotkanics and his former wife, Theresa Humphrey, divorced in November 2012. The final divorce decree incorporated a settlement agreement that had been executed by the parties. In March 2016, Humphrey filed a petition for contempt, asserting that Borotkanics had failed to comply with the following real property division provision of the settlement agreement:[Borotkanics] shall retain the marital home located [on] James Ridge Lane, Stockbridge, Georgia and the property located [on] Mount Tabor Church Road, Dallas, Georgia. [Humphrey] agrees to execute a Quit Claim Deed to [Borotkanics] for each property[.] . . . [Borotkanics] shall refinance both marital properties into his own name and thus remov[e] [Humphrey's] name from the mortgages before February 16, 2013.
According to Humphrey, Borotkanics failed to refinance the mortgage on either property despite his ability to do so, as evidenced by the fact that he had purchased other properties in 2013, after the divorce decree was final. Humphrey asked the trial court to find Borotkanics in wilful contempt of the divorce decree and to incarcerate him in the county jail until he purged himself from his contemptuous conduct. She also sought attorney fees and litigation expenses.The trial court conducted an evidentiary hearing, then entered an order finding Borotkanics in wilful contempt. The court ruled that [Borotkanics] may purge himself from this contemptuous conduct by immediately placing the real property [on James Ridge Lane, Stockbridge] on the market for sale. [Borotkanics] is to allow [Humphrey] by and through her counsel of record . . . to select a certified real estate broker. The real estate broker will appraise the property . . . and determine the list price of the property. . . . The first offer made to [Borotkanics] for the purchase of said property amounting to 95% of the list price will be accepted by [Borotkanics]. If there is no offer made of 95% of the list price within the first six (6) months of listing the property for sale, the list price will be reduced by 10%.
