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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 439
Experience:  7+ years of experience in divorce, custody battles and mediation.
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Hello, I have been married for 2 years. My husband now wants

Customer Question

Hello,
I have been married for 2 years. My husband now wants a divorce. we have no kids. we split the bills half and half. Our house is UNDER MY NAME ONLY, because I bought it before we got married. He did give me half of teh money for teh downpayment. we half the mortgage every month. If we do get a divorce that he is initiation, what is the deal with the house according to ga law? he threatens he wants to be the one to stay in it.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
Good afternoon:

Under Georgia law, your home is considered to be your separate property because you bought it prior to your marriage. He does not have a right to it based on this, and he cannot demand to stay in it.

However, the Judge might take into account the amount of money that he has paid toward the mortgage and down payment and the Judge might give him the same amount of money in equity in the home, if you ever choose to sell the home. This largely depends on each of your financial states, how each party acts during the divorce, etc, so it is not a guarantee that he would get this money or wouldn't get it.
Customer: replied 1 year ago.

Gotcha. how about land he purchased cash with his own money, but that was bought after the marriage?


 


tahnks so much

Expert:  originallawyer replied 1 year ago.
The land would be subject to equitable division between the two of you because it was purchased after the marriage. How the Judge would divide it would depend on the following:

Financial status of each spouse
Separate property
Behavior of each spouse during the divorce process
Any evidence of misconduct resulting in waste of assets by either spouse
Future needs of each spouse
Customer: replied 1 year ago.


gotcha....good deal. Is this the case even if the land was bought with my husbands own money (that he inherited from his dad a long time ago?)


 


do i need to ask for a piece of teh land? or will it automatically be awarded to me?


 


regarding the house...is he obligated to move out when divorce starts? or when divorce is final?


 


we do not have a prenup.


 


Also, the main reason he wants a divorce is because I will not accept him smoking weed. should i bring this up to lawyer? or will that get my husband in trouble with the law?

Expert:  originallawyer replied 1 year ago.
Ah. Well, if the land was purchased with inheritance, then as long as he can prove that it was purchased with inheritance funds, it likely won't be divided, because the inheritance was his separate property as well.

Generally, when a divorce starts, a Judge will issue temporary orders and at that time the Judge will tell one person to leave the home, so near the beginning of the divorce, he should be asked to leave the home.

It won't likely get him in trouble with the law, but you should bring it up to your lawyer and the Judge as a reason for the divorce occurring.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 439
Experience: 7+ years of experience in divorce, custody battles and mediation.
originallawyer and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


will do. I am really not after his land or money. I just dont want him taking anything that is rightfully mine!


 


hopefully we wont need to go to trial...but i will if it comes to it.


 


thanks so much

Expert:  originallawyer replied 1 year ago.
No problem, I'm glad I could help!

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