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How to Kick Your Husband or Wife out of the House Legally in Georgia

by Sharon Jackson  on September 2, 2021 under 

Once a couple decides to divorce or separate, it can be tough - and even impossible - to continue living together. 

At this point, they may be asking themselves whether it’s legally permissible to kick a spouse that they can’t get along with out of the marital home, change the locks, or deny them access to the property. The short answer to this is no.

In Georgia, forcing a spouse to move out of the marital home can lead to repercussions that may adversely later affect divorce, child custody, alimony, and property division proceedings. It’s best to seek the advice of an experienced family law attorney before making unilateral decisions that can be detrimental to a case later on.

Can You Force Your Spouse to Leave the Marital Home in Georgia?

In Georgia, the marital home is considered marital property. This is true even if the title of the property is solely in one of the spouse’s name, or even if it’s only rented or leased. When an asset is considered marital property, both parties should be able to freely access it when needed. 

Because of this, it’s inadvisable to lock one spouse out of the property or force them to leave. In fact, Georgia courts tend to look negatively upon those who force their spouse to leave the marital home without a court order. 

For any spouse who’s looking to gain exclusive ownership or access to the marital home, they need to wait until the court addresses the issue. They can request a hearing once the divorce is filed to determine who will reside at the marital home while the case is still pending. 

Can You Evict Your Spouse in Georgia?

As mentioned above, in general, Georgia courts will not look favorably upon those who evict their spouse out of the marital home, deny them access to the property, or forcibly remove their belongings from the house.

However, there are circumstances where the eviction of a spouse may be pursued successfully in court. These include:

  • The home is one of the spouse’s separate property when the home was purchased before the marriage. The spouse who’s seeking the eviction needs to provide documentation that the home was purchased solely using their income. Any monetary contributions by the other party towards the payment of the mortgage will most likely render the home as community property.
  • There are allegations of domestic abuse. The victim of the abuse should file a temporary restraining order before the abusive spouse may be evicted from the marital home. They can also ask for an emergency protective order to get the abusive party out of the home right away, until the restraining order is granted.

Hire a Georgia Family Law Attorney Today

Determining which actions you can legally take prior to or after filing a divorce can be complicated. It’s best to have an experienced and qualified family attorney by your side who can provide proper guidance.

Our team at Sharon Jackson is ready to help you understand your rights, aggressively fight for your interests, and create a strategy to help protect you and your children while the case is ongoing. Contact us now at (678) 909-4100 to schedule a consultation.

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