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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?

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Attorney answers 3


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.

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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.


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!

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