Can my ex-husband evict me from the house?

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Can my ex-husband evict me from the house?

My ex-husband and I share a home (which is in his name because he inherited it from his mother). He is threatening to evict me now because he is mad at me. We have continued to live as a married couple with children after the divorce which was final 5 month ago. We just can’t get along with a paper saying we are married.

Asked on July 14, 2011 under Real Estate Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

The fact is the you are no longer legally married and the house is his separate property. Accordingly,  of which he has the exclusivepossession and control. Therefore if you entered the property and stayed with his permission but that permission has now been revoked, if asked you must leave.

However, under the circumstances you are more than just a mere guest. You will in most states be considered to be a "licensee" (long term occupant). In that case you will need to be given notice to vacate (as outlined under GA law). If you do not vacate by the specified date, then your ex will have to file for a formal eviction in court. Once granted, you will have to leave the house or he can call the sheriffs to remove you, physically if necessary.

Note: He can take no self-help measures to get you to vacate. This includes changing the locks, removing your personal belongings, etc. If he does you may have a claim against him for wrongful eviction.


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