What is the qucikest way I can get my husband to move out?
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What is the qucikest way I can get my husband to move out?
My husband damaged a TV, printer and other items in a fit of rage. I said I was calling the police because our young daughter started crying. He told me it’s community property. My mom and I purchased this home 1 yea. before I met and married him. Can he damage property and still live here although it is not legally his home?
Asked on July 16, 2011 under Family Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First of all, if you owned your home prior to marriage it is your separate property (assuming that you have not used marital funds to pay for or otherwise maintain the home; in that case it may have have been changed into marital property subject to equitable distribution). However, that is not the issue here. You are not trying to divide assets. You are trying to have your husband removed from your home. In that event, the issue is who has the right to occupy the marital residence? And this has nothing to do with whose name the house is in or who pays the mortgage, etc.
The general rule is that both parties have equal rights to possession. That is unless a divorce has been finalized, there is a legal separation agreement regarding who has exclusive use of the premises, or a court has issued temporary orders regarding occupancy. With respect to the latter, you can go to court hand seek to have it issue an order of protection (or GA's equivalent). This will keep your husband out of the house; and based on the violent outbursts that you described you may well be able to get one. Also, if there is an immediate danger that is putting you in fear for your or your child's safety, you can call the police and they will remove your husband immediately. You can then ask that a court issue temporary orders.
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