Dallas, GA asked in Divorce and Child Custody for Georgia

Q: I purchased a home by myself for me and my children does she need to be involved to sell?

I am going through a divorce and we have been separated for 4 years. I purchased the home 2 years ago and because she took my children recently and the car I have no choice but to sell. Does she need to at closing even if she has nothing to do with the home?

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1 Lawyer Answer
Zachary Taylor Beck
Zachary Taylor Beck
  • Divorce Lawyer
  • Rome, GA
  • Licensed in Georgia

A: If the home is classified as "marital property," then your ex-wife will have a "fair," equitable interest in the home. Thus, your ex-wife will likely have a say in how the home is liquidated/sold. If the home is classified as "separate property," then she will have no say in whether, or how, the home is sold. If you acquired the home after the divorce was finalized, then the home would be separate property.

The temporary or permanent divorce order should tell you if the home is classified as martial or separate property. Of course, if the home was acquired after the finalization of the divorce, then the permanent order would not contemplate the home.

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