Who has rights to the home in the event of a divorce? 1 Answers as of March 30, 2011I want to know my legal rights on making my husband leave the home that I own I bought it before we were married. If he won’t leave, can I divorce him and then make him leave? What if he wont sign the papers if I have them drawn up?
Lori C. Obenauf LLC | Lori C. Obenauf
The Court or a jury will decide how to divide the marital property and marital debts (in the event you and your husband cannot agree) "equitable" or fair under the circumstances of your case. You can ask the court for sole possession of the house in a temporary hearing once you file for divorce, and the judge will decide who will stay there pending a final hearing in your case. If your husband does not agree to the terms of a settlement, then the court most likely will order you to go to mediation. If mediation is unsuccessful, then you can have a jury or non-jury trial where all of the unresolved issues can be resolved.
Answer Applies to: Georgia