The question of “Can you evict your spouse in Georgia?” is one we encounter often in contentious divorce cases. The short answer is no, you cannot simply evict your spouse from your shared residence.
Even if the house is under one spouse’s name, the other spouse has a right to remain in the home until a court order is issued.
Let’s explore this topic more and see how you are able to remove your spouse from the home, during a divorce.
Can I Evict My Spouse from the Matrimonial Home in Georgia?
In Georgia, eviction is a legal process typically used by landlords to remove tenants who have breached their rental agreement.
It is not an applicable course of action for married couples. Instead, if you wish your spouse to leave the marital home, you would need to seek a court order during divorce proceedings.
30 Day Eviction Notice for Spouse
To reiterate, you cannot evict your spouse in Georgia. The notion of a 30-day eviction notice does not apply in this context. You must go through the court handling your divorce and ask for an order requiring your spouse to leave.
How Can I Get My Husband Out of the House If He Refuses to Leave?
If your husband refuses to leave, the only lawful way to require him to do so is through court intervention.
This may involve filing for a Protective Order or requesting a judge to grant exclusive possession of the matrimonial home during divorce proceedings.
Also, you must support your request with evidence of violence or other behavior that leads you to fear for your safety.
Can I Kick My Wife Out If I Own the House?
Even if you own the house, you cannot unilaterally kick your wife out. As long as you are married, she has a legal right to occupy the matrimonial home.
The only way she can be legally compelled to leave is through a court order.
Can My Husband Kick Me Out of the House We Both Own?
If both spouses own the house, neither spouse can force the other to leave without a court order. Each spouse has an equal right to stay in the home.
Can My Wife Kick Me Out of the House in Her Name?
Even if the house is solely in your wife’s name, as a married couple you have certain rights that protect you from being forced out.
A court order is necessary to remove a spouse from the home.
If My Wife Filed for Divorce, Do I Have to Move Out?
If your wife has filed for divorce, you are not automatically required to move out. You can choose to remain in the marital home until the divorce is finalized or a court order is issued stating that you must leave.
If Spouse Leaves Home, Can They Come Back?
Once a spouse voluntarily leaves the marital home, they do not forfeit their rights to the property. They can return unless there is a court order stating otherwise.
How to Kick Your Husband Out of the House Legally in Georgia
To legally remove your husband from the matrimonial home in Georgia, you will need to obtain a court order. This often requires showing that your safety or well-being is at risk.
Remember, these types of situations are complex and emotionally charged – especially when you don’t feel safe in your home with your spouse.
If you want to learn more and see if this applies to your situation, make sure to contact a local family law attorney to guide you through the process.