Legal Question in Family Law in Georgia

We have filed for divorce and I don't understand part of the agreement drawn up by his lawyer. It says That he be awarded temporary and permanent exclusive use and possession of the marital home. Does that mean they want me to agree to give him full possession of the home and give up all my rights to the home?


Asked on 12/15/09, 6:16 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It is extremely foolish and dangerous for you to be unrepresented. If you are getting a divorce, especially with property, you need a lawyer.

The language you state gives him the home forever, and yes, you lose all rights to it and have to leave it.

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Answered on 12/20/09, 5:47 pm
Paula McGill Attorney at Law

Yes, the agreement is drawn up by his attorney. As a result, it will be favorable to his client. You should have an attorney to represent you in the matter.

You will be giving up your rights to the marital home if you sign the agreement. However, it does not necessarily mean that you will be relieved from the debt. If you dont' want the house, that's fine, but you may want to think about giving away your equity in the home. You should paid for any net equity in the house.

Moreover, you should give him a definite time (6 months to 1 year) to obtaining financing on the house to take your name off of the mortgage. Otherwise, the house must be placed on the market. You should further be protected from late mortgage payments that may damage your credit. The order should require that he make timely mortgage payments. There are other provisions that may be in the attorney draft that may be harmful to you in the long run.

As you see, it's a complex matter that should be handled by an experienced attorney.

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Answered on 1/02/10, 9:49 am


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