Legal Question in Family Law in Georgia

If my ex-spouse leaves my marital homeplace, does she have the right to take the backyard chainlink fence with her???? Also the decorative bricks around the island in the front yard. The mortgage is in my name and so is the title.

Asked on 8/30/13, 6:37 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office
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The answer is in your divorce paperwork/final decree, and since you chose not to tell us what it said, all we can assume is she did what it allowed, as if it prohibited that surely you would have mentioned that.

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8/30/13, 6:48 pm
Tahira Piraino Tahira P. Piraino
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I assume if she is your ex, your divorce agreement or order states you have possession and title to the residence. If so, then no unless she was awarded the fence and decorative bricks. You need to have your attorney review the paperwork.

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8/31/13, 9:16 pm
Robert Gardner Hicks, Massey & Gardner, LLP
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Unless the divorce decree says she can, these things would be considered fixtures to the house and would go to whoever is awarded the house. However, if the divorce is not final, and there is no order giving either of you the house yet, then the house and everything with it is fair game to either of you. I would not go around tearing things out, as that can come to haunt you if the Judge has to rule, so that may be something you can use against her and ask to be returned if you end up having a hearing. Either way, this sounds like it is getting nasty, so discuss with your attorney (either the one you already have or the one you need to hire).

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at hmgrmg@yahoo.com, or through our website: hicksmasseyandgardner.com.

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9/04/13, 1:23 pm

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