Legal Question in Family Law in Georgia

Who gets the house?

The marital home belongs to the spouse's parents. Was built as a ''gift''. We weren't obligated to pay rent, etc. Home is on in-law's land. 90% of contents in home belong to wife. In case of divorce, who is entitled to live in the home. The husband? because it belongs to his parents? or the wife because this is where she is currently raising three children?


Asked on 8/26/03, 2:46 pm

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Who gets the house?

Because your parents own the home and are not parties to the divorce, the divorce court will have no power to award their property to anybody else. About all they can award is any leashold, etc., that the spouses arguably have. The parents could always put a stop to that with a proper lease termination notice, then "rent" to whoever they want. I would say this is pretty much up to the parents.

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Answered on 8/26/03, 9:21 pm


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