Can you make a disabled spouse leave the home?

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Can you make a disabled spouse leave the home?

My brother and sister in-law both agreed to an uncontested divorce. He is 51 years old and disabled. He can barely walk. He’s on SSD. She is 62 and collects SS. She said she was going to kick him out because she doesn’t want to take care of him. They have been married for 12 years. The house is in her name and she had the house before they married. He helps with the mortgage but can’t prove it. Can she kick him out of the house even though he is disabled? He can’t drive nor does he have a car. He can’t even pack what he owns.

Asked on August 12, 2016 under Family Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Until a formal separation agreement is in effect or a final divorce decree has been issued, the house remains the "joint marital residence". This means that both spouse's have equal right to occupancy. If your sister-in-law attempts to evict your brother, she will be breaking the law. As for rights to the house after the divorce, that will be up to a judge to decide. Since it was his wife's premarital property, she will most likle be awarded it. However, if there was any co-mingling of household funds regarding the maintenenance and/or repair of the house, your brother may have gained some rights to it or at least the right to an equity payout of some sort. Again, the court will make this determination. Right now, your brother needs to consult with an attorney. Since money is an issues, chech with Legal Aid to see if he qualifies for representation. If not, check with the state/county bar association to see if they have any attorneys who will take his case for free/low cost. Finally, check to see if there is a law school nearby to where he lives, since they typically run legal clinics that handle divorce cases.


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