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Currently going through a divorce. The home is in my wife's name and she can't afford the payments. What can she do?

Athens, GA |

Can I get my wife out of the house, and if so how? I'm currently separated from her, but she's still living in our marital house. She can no longer afford to make the payments for the mortgage. The mortgage is in my name only.

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Attorney answers 4


You will need a court order to remove your wife from the marital home. You should consult with a divorce attorney in your area.


Be careful. Divorce in Georgia includes an automatic stay of all transfers or exchanges of property (as in a kick-the-wife-out scenario).

If you indeed have an active action for divorce, you cannot evict her from the marital premises without a court order to do so. She on the other hand, can file a motion seeking pendente lite relief in the form of mortgage payments from you. Much of this has to do with your family status: number of kids, wealth of the marital estate, number of years married and so on.

While I am admitted in Georgia and can advise you regarding specifics of Georgia law, I cannot represent you by remote control. My opinion is based upon knowing nothing about your case except the snippet you presented in your question.

Good luck in your case, and do nothing without consulting your attorney.


You are currently separated (physically or legally?) from your wife. Have you filed for divorce? No? That is why she is making the mortgage payments and not you. When she files for divorce, you may have to make the mortgage payments, and she may stay in the house.

Which of the two of you makes more money? Have you asked her when she plans on moving? How are you on the mortgage alone? When did you buy the house? How long have you been married? Is it a marital house because you both lived in it at one time, or you bought it together with only your name on title and on the mortgage?

See a good family law attorney while you still have some options, would be my advice.


There are several more pieces of information I would need to properly advise you. Particularly, how it is that you are separated (did you enter into a separation agreement, has a divorce been filed, etc.)? Without knowing this, I can tell you that if you want to exclude your wife from the house, you are going to need a court order.

To be sure you do things properly, I recommend you contact a good divorce attorney in your area to work with you on this. I happen to be local to you, and there are certainly others. Before getting any more specifics from you, I would also want to be sure to perform a conflict check.

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