Q: We have two pieces of property, one in my name and one in me and my husbands name. I'm trying to get away from him.
I don't want him trying to move in with me or coming down there to harass me and my son. I don't want him coming into the house or coming down to the house to harass me constantly. The properties were attained after marriage.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Georgia
- (770) 854-0777
- View Profile
- Answered
A: You will need to file for divorce. You can't prevent a spouse from coming into marital property until there is a court order that says otherwise.
A:
I'm not exactly sure what your question is, however it sounds like you're ready for a divorce. Depending on exactly what is going on in your situation, a TPO might be necessary as well. Generally speaking, the property acquired during the marriage is marital property and subject to equitable split. I suggest you contact a family law attorney to help you navigate through this difficult situation.
www.LevinLawyerGa.com
A: The only way you can keep someone away from property that the court may consider to be marital property is if the court gives you an order giving you exclusive use and possession of the home or if you obtain a restraining order. And the only way for you to get that order giving you possession of the home is for you to file for divorce. I would speak with an attorney directly who can give you more information if you are ready to start the divorce process.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
