Legal Question in Family Law in Georgia
family law
my husband and i are separated. we have 2 small children. he is now incarcerated and has been for 3 months. we have a home that is paid for. he has a brother who claims to have a power of attorney over him and refuses to allow me to maintain access to our home and our property. he has even started to rent the property out. also i am trying to find a route for support from him while he is in jail.
3 Answers from Attorneys
Re: family law
If you haven't yet, you could file for divorce and ask for a temporary hearing at which you could ask for use and possession of the house. If you get that, you may still need to file a dispossessory action to get the tenant out. Or, if you don't mind having the tenant there, perhaps you could ask the judge to give the rent money he/she pays to you as or in lieu of support.
Re: family law
Your issues involve both divorce and real property law, since an eviction proceeding is likely to be required to remove the current tenants from the property, if you want to move in.
You will be well served by retaining an attorney to initiate proceedings that will address your concerns.
Re: family law
Consult with a local attorney. His brother could be lying about the POA. Even if he does, if the title is in your name he has no right to rent it out.
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