QUESTION
Do I have a right in our home if the house is only under my husband's name?
Asked on May 13th, 2013 on Divorce - Illinois
More details to this question:
My husband and I are separated and we purchased a home in Georgia in his name only, and no one is living in it right now. He is paying the mortgage. If I move into it and start paying the note, can he have me removed from the home? I called the cops and they say not by them.
2 ANSWERS
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The Family Court would need to determine whether or not the house constitutes marital property and if so whether you have a marital interest in the home. Under the fact you have given, it appears as though you have marital rights to the home. However, I do not suggest that you start making payments on the note without some clarification from the Family Court that you have a marital interest in the house.
Answered on May 16th, 2013 at 5:43 AM
You need to seek legal advice from a Georgia attorney.
Answered on May 16th, 2013 at 4:33 AM