Georgia Law regarding eviction of wife and her children.

I own the house that me, my wife and her two children live in. I would like to seperate. I have offered to sign the house over to her and move out. She declines. How do I legally evict her?
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Answers (3)

Melanie Ann Brubaker

Melanie Ann Brubaker

Contributor Level 4
Since you are still married and residing with your spouse, and your wife is unwilling to move, the only person who can order either of you to move out of the house is a judge. I would suggest that you contact an attorney and discuss your legal rights and options regarding a separation from your spouse.
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Glen Edward Ashman

Glen Edward Ashman

Contributor Level 6
You can't make her move and she can't make you move, Only a judge, as part of a domestic or divorce proceeding can do that. So step one is to hire a divorce attorney.

It would be extremely foolish to sign over a house without a settled divorce case. For one, it reduces your leverage in the case. Second, it doesn't decide things as the judge still has to approve any final settlement.

Given the stakes (two children and a home) you already should have met with a lawyer and you need to do so immediately.
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Christopher T. Anderson

Christopher T. Anderson

Contributor Level 5
You don't. Plain and simple. And tread carefully, lest you become the "bad guy" for trying to evict your wife (and kids?) from the house.

You can resolve the question of who stays in the house by agreement (which doesn't seem to be the case here) or by getting a court to make a decision on a temporary and then permanent basis. You need to consult with an attorney without delay.

*** This is a general interest posting on a public website, regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone. There is no way the amount of information in a website posting could be sufficient for the poster to provide informed legal advice. If you have legal questions pertaining to your situation, you should discuss them with an attorney, in person, and in sufficient detail for that attorney to provide you with confidential, competent legal advice ***
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