Legal Question in Wills and Trusts in Georgia

Your post is very unclear. Are you trying to divorce him? Or did he die?

Although its not clear, you claim that the girlfriend is trying to get your husband's estate so I assume your husband has passed away.

He can buy separate property and put anyone else's name on it that he wants. If he dies and you are still married, good for you. In such case you (and any children that you have with your husband) will get your husband's one-half of any real properrty that he happens to own along with a share of his other assets provided that he is not smart enough to make a will.

So if your estranged husband has died without a will, talk to a probate lawyer in the county/state where your husband resided. If the girlfriend wants the land, then she will have to pay you and your children for your husband's share of the property, minus any loans that are on it, if any. Or you can buy her out. If neither one of you will buy out the share of the other, then either of you can seek partition. What this means is that the court will try to divide the land and if that is not possible, they will order it to be sold to the highest bidder and you and girlfriend will split the money. You would need a real estate litigation lawyer if this goes to partition.

If your estranged husband made a will and disinherited his children, he could do so. But he cannot disinherit you. In such case, file a claim for your spousal and elective share of the assets unless this has somehow been forfeited. Again, you will need a probate attorney.

Has anyone even applied for probate? If not, then you should do so immediately once you talk to the probate lawyer. If there is a pending estate action, did your husband have a will? Are you the personal representative?