Legal Question in Real Estate Law in Georgia

Having someone leave my property thur eviction

I had a relative that passed and left his house among others things to me. There is a woman that claimed to be his common law wife and kept my family in court for 1 year and five mths. She lost her case and was proven not to be his common law wife. Three days after we buried my uncle, I went to the house to start cleaning and she was in the house. She has been there every since. Now that the Probate court find her not to be his common law wife, the will has been probated. She will not leave the house. I filed a warrant to have her leave and she answered the warrant. Now we have to appear in court. I would like to know what are my chances of winning and have her leave ths house.The deed is in my name and has been recorded. Is there anything with in the law that she could do to prolong her eviction from my house?

thank you


Asked on 3/20/02, 6:28 am

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: Having someone leave my property thur eviction

You have enought legal problems associated with this "eviction," that I would recommend you hire a local lawyer to assist you with getting her put out of the house. I dont know what types of defenses/claims she has raised, but if she claims she has a lease or is a purchaser for value or the dead guy agreed to sell it to her for certain terms and she produces a lying document, you sir, have problems. Now, it sounds like she is a Claxton Fruitcake, but you never know on few facts like these. One document that you need is a CERTIFIED COPY of the final, non appealable, Probate Court Order finding her to NOT BE the common law wife (which is barred by statute these days anyway). What a mess. Good Luck getting her to go away. For some reason, I dont think you are done with her yet. HCW

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Answered on 3/20/02, 9:09 am


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