Legal Question in Family Law in Georgia

What right does a married couple have to their home in a "rent to own" situation?

My mother was served with divorce papers at her and her husband's home in Georgia today. She is considering not hiring an attorney due to their minimal assets.

However, they live in a home bought by her husband's brother with the intent to purchase after mom's husband's credit recovers from a past bankruptcy. The brother paid cash, and mom & spouse pay a monthly payment, as well as all yearly taxes. They have put over $30K in improvements into the home (on mom's credit, but they only owe $2K at this point).

There is no contract, however the local water company required a document that states the brother owns the home with the intent to sell to mom & spouse (this was required to put the water bill in someone other than the owner's name).

Do they have any claim to this house? I've had several attorneys say yes, and others say no. Really if they don't, then my mother simply wants to walk away uncontested, as there is nothing else "worth fighting for".


Asked on 7/07/10, 10:26 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No attorney could answer your question without reading the document. So there's no way to answer your post.

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Answered on 7/08/10, 4:00 am


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