How to determine who gets the home during a divorce

Last updated on April 8, 2021

You generally retain the right to live in your Georgia home after a divorce until a judge orders you to leave. This is usually true even if the house isn’t titled in your name. Typically, such an order won’t be issued until after a final settlement is reached, but it is possible for a temporary order to be created soon after the divorce paperwork is filed.

Your spouse retains an ownership interest in the property

It is important to note that both you and your spouse have an interest in the property during the divorce process. Therefore, you likely cannot sell the home or make significant changes without permission from your spouse or from the court. Furthermore, your spouse may eventually obtain ownership of the property even if you are granted exclusive use rights during the proceeding.

Why exclusive use rights may be granted during a divorce

If there is reason to believe that you may engage in acts of domestic abuse, a judge will likely order you to vacate a marital home. If you have children with your spouse, you may be asked to live somewhere else so that they can live in a peaceful environment. Police reports, witness statements and other lines of evidence may be used to establish that you and your spouse cannot peacefully live together in the same home.

The court has final say over what happens to the house

In the event that both you and your spouse want to keep the family home, a judge may order that the property be sold. In such a scenario, you would receive a percentage of any money left over after the sale is complete. If you want to keep the home after the divorce, you would likely need to compensate your spouse.

An attorney may be able to explain how property division and other laws may impact the structure of your divorce settlement. Your legal professional may also be able to help you obtain exclusive use of a home during a divorce or otherwise ensure that your rights are preserved.

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