Legal Question in Civil Litigation in Georgia
I am a woman in a gay relationship. We have lived together for 4 years ( an were married in Connecticut) . We live in a house she owns in Atlanta ga . I am a flight attendant based out of state however my legal residence is with her. She has changed the locks on the doors and allows me to come to the house only under her supervision. I am moving abroad and need access to come and go at will in order to liquidate my estate . I would like to hold an estate sale but my partner is not allowing it . I am under the impression that in the state of Georgia she would need to give me 90 days eviction notice, however I am not sure if I can legally hold an estate sale from the house . Please advise . Thank you . Misty
3 Answers from Attorneys
To remove you as a tenant she has to give you 60 days notice. You likely cannot do a sale at her house. You can sue her in magistrates court for the value of your items if she refuses to let you get them, but you can't sell them there.
Let me add that you also need to file for annulment or you will never be able to remarry.
Since gay marriages are not recognized in GA, you can file for an annulment on the grounds that "Gay Marriages are NOT recognized in Georgia" (that should solve your "divorce" issue).
You may be able to file for an annulment and combine it with complaint for theft by conversion (she locked you out of your abode and is denying you access or possession of your personal property) and ask the court for compensatory and punitive damages (that should solve your property issues).
You might also add breach of oral lease contract and wrongful, self-help eviction (that should solve your "eviction" issue)
Good luck
Ralph (office) 770.985.6773 (cell) 404.353.6827
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