Atlanta, GA asked in Divorce for Georgia

Q: I will be getting a divorce in Atlanta Ga and I have bought my house 20 something years ago my husband moved in

And has not paid mortgage payments and it is in my name and willed to my daughters. We married when our children were grown and out on their own. Please tell me he not entitled to my home

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2 Lawyer Answers
Alake Colwell Furlow
Alake Colwell Furlow
  • Dacula, GA
  • Licensed in Georgia

A: Any real property that a spouse has prior to marriage is normally considered their separate property that they can ask the Court not to include in the distribution of marital property. However, in some circumstances a spouse may be entitled to some equity, depending on their contribution to that property during the marriage. Therefore, the answer to your question is it depends. It depends on several factors as to whether he is entitled to anything regarding your home. I would suggest hiring an attorney to represent you in your divorce and they can speak with you in detail on your marital and separate property.

Regina Irene Edwards
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Lawrenceville, GA
  • Licensed in Georgia

A: Your home most likely will be awarded to you. However, depending on the length of the marriage and other factors, he may be entitled to some equity.

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