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My husband & I have been seperated (not legally) for over a year (he's moved in & out). I have questions about property division

Atlanta, GA |

For 30 years I have provided the steady income - I provided all health benefits for our family. I purchased the house with money given to me through inheritance & an accident settlement. I have been responsible for making the payments and It is in my name. If we are to divorce, does he have any right to any part of my house? Could he force a sale - or if I were to sell would he be entitled to any proceeds? Also, is there any advantage to my filing first?

Attorney Answers 3


  1. There's far too little information in your post to answer you. Whether the house gets treated as marital or separate property depends on details we don't have. And bear in mind, there may also be issues of alimony and division of other assets. Sit down with a lawyer, determine a strategy and follow his or her advice.

    ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. As to the house, the answer is maybe. There are not enough facts and dates here. Also, Georgia is an equitable division state meaning the court can decide what is fair. You definitely need to consult an attorney. It is not wise to do this yourself as it usually ends up badly. You can call me at 610-999-4502 for a free phone consultation. Some attorneys believe that filing first gives some kind of advantage, but you can make just as many arguments that it does not.


  3. You haven't provided quite enough information about the house to give you full answers - but a quick conversation with a local divorce lawyer should be sufficient to give you guidance. Use the find a lawyer tab above!

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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