How to determine who gets the home during a divorce

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.

Reach Out To Our Experienced Team For Help With Your Legal Issues

How The Siemon Law Firm Can Help

Contact our Georgia Family Law Firm by calling 770-888-5120 or by completing this contact form.

An attorney will respond within 24 business hours.

    Fields marked with an * are required

    I Have Read The Disclaimer *

    Our Office Locations

    Cumming, Georgia

    347 Dahlonega St #100,
    Cumming, GA 30040 770-888-5120 Cumming Law Office Map

    Marietta, Georgia

    1850 Parkway Pl Suite 715,
    Marietta, GA 30067 770-888-5312 Marietta Law Office Map

    Alpharetta, Georgia

    4555 Mansell Rd,
    Alpharetta, GA 30022
    770-888-5093 Alpharetta Law Office Map

    Atlanta, Georgia

    3400 Peachtree Rd NE Suite 555,
    Atlanta, GA 30326 770-888-5078 Atlanta Law Office Map