Rating 4, 9 (8) · In Georgia, neither spouse is required to move out of the house. A separation is not required to get a divorce in Georgia, so both spouses can. While divorce proceedings are ongoing, it's common for one spouse to want the other to move out of the marital home. However, the house remains marital property until a court order says otherwise. This means that both spouses have the same rights to the house and one can't kick the other out until the divorce is final.
During a divorce in Georgia, separate property generally retains its original owner. Marital property, on the other hand, is subject to division according to the principle of equitable distribution. This means that property is divided between the spouses according to what is “equitable or fair”.While in some cases this results in marital assets being divided equally, in many cases this is not the case. Instead of dividing marital assets equally between divorcing spouses, Georgia family court judges will examine a variety of factors to reach a conclusion about how to divide assets fairly, including each spouse's financial and non-financial contributions to the marriage.
The division of property in a divorce, especially something as important as a family home, can be complex. If neither of them wants or can afford to stay in the house (or if they can't agree on who is staying), they can choose to sell the house. Whether the house is jointly owned, the equity is divided between a single publicly traded owner, or they have a portion of the equity based on what was invested since they got married, you'll have to pay your share of the marital assets of equal value or in cash. There are several reasons why a person facing a divorce would want to move out of the marital home. If you purchased the house during the marriage, it is jointly owned by both spouses and will be divided equally during the divorce.
If one of the spouses purchased the house before the marriage, but the mortgage is paid during the marriage, the amount of capital accumulated in the house during the marriage is divided and considered marital property. In fact, you can choose to continue living in the same house as roommates or even continue to be joint owners of the house, although it's, of course, quite rare for exes to choose these options. If so, you'll only have to buy them for half the value of any investment made since the marriage, but the house is legally yours. But before you plant your bet in the ground, take some time to think about whether keeping the house is the best option for you. If you choose this path, keep in mind that selling and closing the house could take longer than the divorce.
Unless you are dealing with domestic abuse issues or feel that you and your child may be in danger, consult with a Georgia divorce lawyer before leaving the family home. There are two reasons why your home may be considered separate property and automatically become yours in a Georgia divorce. When a divorce in Georgia goes to court, the judge has the authority to distribute all assets, including assets and debts. If you are filing for a divorce or are considering a divorce and have questions about your property rights, the Vayman & Teitelbaum team is here to guide you.
