Legal Question in Family Law in Georgia

Sister lived with a younger man for 30 yes, budgeted their money so. He could get eltric license, helped him study. Bought a house in both names, refinanced house to pay back taxes because he was ignorant of that stuff and had bad mentors. Filed taxes together every yr. He left for younger women. He financed business to 3 employees. Does she have any legal rights to anything?


Asked on 3/06/18, 6:14 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Maybe and maybe not.

Living together gives one NO rights in Georgia. To have any rights one has to be married. She MAY have a possibility there. Common law marriage was abolished in Georgia beginning on January 1, 1997 and any common law marriage entered into on or after that date is not valid O.C.G.A. ยง19-3-1. But since her relationship began before 1997, she MIGHT be married (if they were in Georgia together before 1997, or if they were residing in any other state that recognizes common law marriage). To be married, one has to hold oneself out to the world as husband and wife. Filing a joint tax return is ONLY possible if married and since that is done under penalty of perjury, the two may be married. If married, in a divorce, their assets and debts, including the home and business will be equitably divided. She could grab copies of those tax returns and anything else that documents marital status, see an experienced lawyer immediately, and if the evidence supports it, file for divorce. She should act quickly so he does not dispose of or transfer assets.

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Answered on 3/06/18, 6:29 am
Ralph Villani VILLANI LAW FIRM

Glen is absolutely right

Tell her to get all document she can in hand and, then, she needs to hire a family law attorney NOW - ASAP and bring all of those documents with her

Good luck

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Answered on 3/06/18, 7:13 am


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