Attorney Tiffany Lunn Is Frequently Asked This Question: Can I Put My Spouse Out Of The Marital Home?

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.

Division of Marital Home



Published in: on June 13, 2016 at 5:28 pm  Leave a Comment  
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Determining if Separate Maintenance is the best choice for you

Couples may decide not to divorce for a variety of reasons.  In Georgia, an alternative to divorce is separate maintenance (also referred to as legal separation).  A separate maintenance action can address a number of issues such as: custody/visitation, which party will pay for each debt of the parties while separated, and financial maintenance for a party and/or children of the parties while in a state of separation.

The parties should keep in mind that any legal determination or agreement  in regards to a legal separation may have an effect on a divorce, if one should later occur.  A separation agreement between the parties could also be later utilized, if necessary, to streamline a divorce action and save the parties additional fees and expenses.

The parties cannot remarry while in a state of  legal separation and will not be granted a Final Decree of Divorce unless or until they divorce. A legal separation should be taken very seriously. Any agreement should be worded in such a way as to fully address all relevant issues allowable by Georgia law.

Post written by: Tiffany R. Lunn Esq.

Phone: 770-492-2974

Published in: on September 6, 2010 at 12:02 pm  Comments Off on Determining if Separate Maintenance is the best choice for you  
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