If you are not married but have been living together for 9 years and have a child together, in a separation who gets the home?

UPDATED: Nov 15, 2012

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If you are not married but have been living together for 9 years and have a child together, in a separation who gets the home?

Asked on November 15, 2012 under Family Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whomever owns the home gets the home: if co-habitant A owns the home, it's his or hers; if co-habitant B owns it, then it goes to that person; if they both own it (own it jointly), then if they cannot between them work out the disposition, one or both can bring a court action in which the court will order the sale of the home and the distribution of its proceeds among the owners.

Living together does not give someone a right to another person's real property. And having a child together also does not--though it may entitle the custodial parent to child support from the non-custodial parent.

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