Legal Question in Family Law in Georgia

Do I have to leave?

My wife threatened to kick me out of our home. However she was the one who left the home and has been gone for 4 days. She stated if I was not gone when she came back that she would have me removed by law enforcement. My question is what legal stand point do I have if I refuse to leave since it its also my home as well. And since she abandoned the home do I have to let her back in.


Asked on 2/26/09, 11:18 am

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Do I have to leave?

Unless you have left some important fact, she has no more right to the marital home than you do, unless and until a court enters an order addressing the issue. Consult with a local attorney.

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Answered on 2/26/09, 11:30 am
Harold Holcombe Harold D. Holcombe, P.C.

Re: Do I have to leave?

You are legally married, you have a legal relationship; you each have a right to the house as it stands. However, before it escalates you need to consult an attorney and discuss your property rights which will depend on a variety of many factors then proceed with whatever legal action you may need to take to preserve those rights. If the sitation escalates and threats are made one or the other of you may be forced to leave based on the Georgia family violence act and you do not want that to happen.

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Answered on 2/26/09, 11:35 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Do I have to leave?

There is no way to answer you without many details not in your posting. You are in serious need of immediately retaining a lawyer to protect your interests.

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Answered on 2/26/09, 12:23 pm


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