Legal Question in Real Estate Law in Georgia

I own a house with my ex(completely paid off). We are no longer together, and neither of us live there. She is currently renting out the place to her friends. Am I owed half the rent? Can I move back in? Can I tell the people renting it out to leave? There is no official rent agreement to them(in writing). What are my options? Do I have any? I'd rather not go to court.


Asked on 7/05/12, 12:00 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

We don't know how the house was treated in the divorce and settlement documents. Obviously, it should have been decided then and it is likely costly to have not dealt with it then. One option is the one you did not mention - contact your ex to resolve the issues, whether it is to continue renting or sell, or one of you buying out the other. That is what business partners do (except most have contracts to cover this - they don't just buy a hose together without smart planning). What will likely cause more harm than good is you interfering with the tenants.

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Answered on 7/05/12, 3:20 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You say "ex." In a divorce, you were required to disclose the real estate, and divide it in the divorce. What does the divorce say? Assuming you didn't do something completely goofy and do a divorce without a lawyer, the answer is in your paperwork, and you didn't tell us what it said.

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Answered on 7/05/12, 5:31 am
Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

Be prepared to go to court AND hire a lawyer to represent you if you are looking for that rent money or for control of "your half" of the home.

Good luck.

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Answered on 7/05/12, 7:36 am


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