Generally, if the home where you were living is your established residence, the owner cannot just kick you out. If your mother wants you there, you probably have the legal right to be there. However, you need to question whether your presence will lead to any violence in the home. That can cause additional problems for both you, your mother and father.
If your mother needs you there, she might want to discuss with her attorney having the court issue an order giving her exclusive use and possession of the home. She then could let you live there, and your father probably would not be able to stop her from doing so.
I hope that your mother has attorney representing her on this case. The both of you need to meet with that attorney to discuss options.
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You generally cannot be "kicked out" of your primary residence; you would have to first be evicted. However, it becomes a grey area when you're dealing with a parent and child.
Mr. Canale's suggestion is an excellent one.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
I concur with the other attorneys who have responded to your question. It is rare that a person can be "kicked out" of their primary home. It is likely your father would need to legally evict you from the home. If your mother and father both have equal title to the home, then the fact that she wants you there probably gives you a right to be there. But, as Mr. Canale suggests, you should consider the possibility that violence may erupt and should not return to the home if that would be the case--especially if your mother is recovering from surgery. I advise you attempt reconciliation with your father if at all possible. Perhaps family counseling would help. If that isn't an option, then you and your mother should seek counsel from a competent attorney.
First - In Georgia usually a person must be "evicted" from their residence. The case becomes more less clear as it involves parents and children. However, your age (22) may clear up that issue.
Second - Because your parents both live in the residence and are going thru a divorce, your Father may not have the legal right to simply "throw you out", or Evict you, without a court Order. I have advised Clients in the past to seek the divorce courts' protection and ask for an Order allowing 3rd parties access to the residence. However, it is important that every effort is made to insure there is no violence as a result of your residing in the home. I believe that you and your mother should discuss this matter with her Divorce Attorney ASAP. I hope this information has been helpful. Good Luck!!
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
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