Legal Question in Family Law in Georgia
Moving Out
My ex- and I filed an uncontested divorce. Part of the settlement is that I will get to keep the house and he will move out. We have three children together and with Christmas last month, we agreed that he didn't have to move until after the holidays. Our paper work was just approved by the judge the first week in January. Now my ex is saying that he doens't know when he will be moving, he doesn't have any place to go, no money to move any where. I am very upset by this. I want to go home and change the locks and move his stuff out!! What legally can I do to have him removed. He is still listed on the morgage until I can get it refinanced. He says that I can't force him to move because it is his still his residance too. Help me please.
2 Answers from Attorneys
Re: Moving Out
Whatever the settlement agreement says is what both of you are bound by. If either of you do not "follow these rules" then you can take the other to court for contempt. You should contact the attorney who helped you with the divorce to ensure that all your rights are enforceable and that you can hold him in contempt.
Re: Moving Out
The answer depends entirely on what the divorce papers say. I am assuming you have a lawyer (as you should have one) and the best thing to do is call your lawyer to determine what steps, if any, he'd suggest based on those papers.