Commerce, GA asked in Divorce for Georgia

Q: Is the leaving spouse allowed to take am appliance (dishwasher) out of the marital house and put in a new abode?

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1 Lawyer Answer
Alake Colwell Furlow
Alake Colwell Furlow
Answered
  • Dacula, GA
  • Licensed in Georgia

A: Prior to the filing of a divorce, either spouse can take anything they want out of the marital residence because there's been no standing order preventing them from selling, transferring, taking, or disposing of any items that could be considered marital property. When a spouse files for divorce the standing order then goes into effect, preventing your spouse from then removing things from the marital residence, without order of the Court. Therefore, if you haven't filed for divorce, essentially yes, she can take things out of the residence when she leaves. If you want to prevent her from taking things and get an order giving you exclusive use and possession of the marital residence on a temporary basis, you will need to actually file for divorce.

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