If I own my house completely by myself and my husbands name is not on the title or loan, when I file for divorce can I force him out?

Asked on June 8, 2012 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It really depends. When you file for divorce you can always ask for exclusive occupancy of the marital home but you intimate here that it is "yours" not both of yours.  But it matters how the court will look at it: marital asset or separate property. When was the house purchased?  If it was purchased prior to marriage then an argument can be made that it is separate proeprty.  Then the court looks at if it became quasi marital property as the marital home, etc.  If it was purchased after the marriage there is an assumption that it is marital property regardless of whose name it is in.  Get help.  Good luck.  

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