What is the qucikest way I can get my husband to move out?

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What is the qucikest way I can get my husband to move out?

My husband damaged a TV, printer and other items in a fit of rage. I said I was calling the police because our young daughter started crying. He told me it’s community property. My mom and I purchased this home 1 yea. before I met and married him. Can he damage property and still live here although it is not legally his home?

Asked on July 16, 2011 under Family Law, Georgia

Answers:

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

Answered 12 years ago | Contributor

First of all, if you owned your home prior to marriage it is your separate property (assuming that you have not used marital funds to pay for or otherwise maintain the home; in that case it may have have been changed into marital property subject to equitable distribution). However, that is not the issue here. You are not trying to divide assets. You are trying to have your husband removed from your home. In that event, the issue is who has the right to occupy the marital residence? And this has nothing to do with whose name the house is in or who pays the mortgage, etc.

The general rule is that both parties have equal rights to possession. That is unless a divorce has been finalized, there is a legal separation agreement regarding who has exclusive use of the premises, or a court has issued temporary orders regarding occupancy. With respect to the latter, you can go to court hand seek to have it issue an order of protection (or GA's equivalent). This will keep your husband out of the house; and based on the violent outbursts that you described you may well be able to get one. Also, if there is an immediate danger that is putting you in fear for your or your child's safety, you can call the police and they will remove your husband immediately. You can then ask that a court issue temporary orders.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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