Attorney Tiffany Lunn says: No, unless you have a court order that gives you exclusive possession of the martial residence then you cannot remove your spouse even if the residence is titled solely in your name. The first step toward removing your spouse would be to file for divorce or separate maintenance. You can request exclusive possession of the residence prior to a final hearing by filing a Motion for Temporary Hearing and requesting and being awarded this property until dissolution of your marriage or finality of the case.
If your spouse is abusive and you are the victim of domestic violence then you can request a Temporary Protection Order. You can request exclusive possession of the marital home upon these facts as well. If the court finds you believable then your request will be granted on an ex parte basis. You will shortly after have to attend a court hearing for your Protection Order to be extended. At this hearing, your spouse will have the opportunity to dispute your allegations of abuse.
Police are often called to martial homes regarding this vary issue. As a general rule, law enforcement are going to inform you that you must seek court intervention and present a court order for them to get involved. If you have any further questions about this issue, you should contact Attorney Tiffany Lunn of Lunn Law LLC at 770-492-2974 or another experienced family law attorney to explore your legal options in Georgia. It is imperative that you not take matters into your own hands especially if uninformed about the possible consequences.
Categories: Divorce
Attorney Tiffany Lunn of Lunn Law LLC: Georgia Family Law Blog 