Roswell, GA asked in Family Law for Georgia

Q: If my wife owns our house that I built, can she demand me to leave if she wants?

She also provides the health insurance. Can she terminate me on her policy if she decides to?

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3 Lawyer Answers
V. Joy Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: All property acquired during the marriage is considered to be marital property, regardless of whose name the property is in. So you have just as much right to be there.

Regina Irene Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: The home is a marital home, so she cannot force you to leave. Prior to filing for divorce, she can terminate you from the insurance policy. If you file for divorce, that will prevent her from terminating the insurance until the divorce is final.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

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Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleagues. The house is going to be considered marital asset, so you have the right to be there. If you sue for divorce at this time, she will not be able to remove you from the insurance until it is final. You should consult with an attorney who can help you with your case. -Homer P. Jordan IV, Esq. 404-620-1558

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