Legal Question in Family Law in Georgia
Recently Divorced.
Didn't want to sell the house.
Wife still lives there.
Here and I pay 1/2 of the mortgage each, and of course my name is still on it.
Settlement agreement advises she has right to privacy of marital home.
However, it also advises I have computer lab equiptment there, which I can keep there for 1 year, and can access to said equiptment twice per month, as long as I provide 48 hours notice.
I have yet to excercise this right, but yesterday she asked for my house keys. I declined. She is changing the locks! Can she do this?
3 Answers from Attorneys
Without having read the order (which would be necessary to provide a solid response), if the situation were reversed, would you think a "right to privacy" in your home would include your ex-spouse having a key and access to your house at any time? I am guessing you would, as it seems rather obvious that most people would. Most people would also change the locks if the other spouse refused to return the keys. Notice to come by is not equivalent to having a key.
Ask your lawyer to read the language and explain it to you.
I depends on the Final Order - check with divorce/family law attorney in your jurisdiction - you may have to file a motion for contempt, however, your nonexercise of those rights may offset any "sympathy" the Judge may have for your (how are you being harmed?) Get your stuff out of that house (it appears as a round-about way of controlling her for that year even while divorced - and that may be what the Judge thinks, too)
I agree with the Attorney Riddle. If you had an attorney during the divorce, return to him/her to explain your rights. If you have the right to keep the items there, keep them there. If she changes the locks, file a petition for contempt. Simply because you had the right to access the items twice a month does not mean you had to do so. Therefore, it is unlikely, you waived your rights simply because you didn't exercise them.
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