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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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When two persons have lived together for fourteen years ....and he has informed her, the p

Customer Question

When two persons have lived together for fourteen years ....and he has informed her, the partner, that it is over...and that he wants her to move out....they have lived under the same roof, yet had no contact for many, many months, and he has repeatedly told her that she needs to move out; he owns the house, and pays all expenses, and
yet she has ignored his requests. She seems to spend most days, if not all, drinking, and intoxicated, and lying and makeing up excuses, excuses, Does this gentleman have any recourse to get her to move out??? Evicted???? Or is he trapped? He is so very miserable, and tries to stay out of the
house as much as possible.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

The gentleman will need to file an eviction lawsuit with the court to force the woman to move out of the house.

The first thing the gentlemen needs to do is give the woman a written demand to vacate the premises.

If she refuses at that point, he will need to go to the nearest magistrates court and file a Sworn Dispossessory Affidavit stating his name, her name, that he is terminating her permission to stay on his property as grounds for the eviction and that he has demanded that she leave but she has refused.

This should be a form that you the gentlemen will find at the magistrates court.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4268
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

One more thing...is Ga. a state that considers "common law marriages" ?


If so, does it affect this situation ??

Customer: replied 1 year ago.

One more thing...Is Ga. a state that considers "common law marriage? And if so, does it affect this situation ? and How?

Expert:  TexLaw replied 1 year ago.
Hi,

This question came up in a separate thread which I've answered. Please let me know if you did not get the answer and I will repost it here.
Customer: replied 1 year ago.

No, somehow I cannot find your second answer......

Expert:  TexLaw replied 1 year ago.
No problem

If she can establish that they are common law married, then she will be able to defeat an eviction lawsuit. Then the only way to get her out of the house would be through a divorce.

However, to establish a common law marriage in Georgia, she must prove that they were common law married before January 1, 1997, which requires that have held themselves out as married, lived together, and they must have actually agreed to be married.

The burden will be on her to establish this as a defense to the eviction.

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