Do we have to sell the house if we get divorced in Georgia?

Posted by William H. Sherman on Aug 08, 2016 | 0 Comments

Question:  Do we have to sell the house if we get divorced? I need to know because my husband and I know we need to get divorced. The marriage is bad and he's becoming verbally abusive and I want to make sure that our kids are not subject to him when he gets drunk and he says dumb things to me.

Things have been getting worse ever since his new job made him travel about 3 weeks a month. He's always travelling and I found out that he's seeing another woman because I've looked at his Facebook and I've seen his text messages. It's pretty obvious what's going on and I can't take it anymore.

When I confronted him he admitted that our marriage is no longer good and he said we need a divorce. I know he's spoken with a divorce lawyer and I need to get moving on this too.

We both work. He works for CNN as a manager and I run a couple of restaurants in Alpharetta and Sandy Springs for a friend who owns them. We both make decent money.

I need to know about our house and if we have to sell it. I really don't want to sell it and I'd like myself and our three kids to live there. I think the kids should not have to move just because we're getting divorced.

Please tell me what happens to a home when people get divorced. I don't know if it means anything, but I made him live in the basement of the house and he can't eat meals with us, except for maybe once a week.

T.Q. in Alpharetta, GA

Answer:  In a divorce, three things can happen to the house. The wife can take it, the husband can take it, or it can be sold. Most of the time, this is negotiated between the two parties. But sometimes there is a hearing or trial and a judge can make that determination. As Alpharetta divorce attorneys, we have negotiated this issue many times over the years.

Of course, it depends if there is equity in the home. One party might “buy out” the other. But if the home is “under water,” meaning that it doesn't have any equity or the home is worth less than the mortgage, then that will play into the negotiation as well. 

We ensure that the house is properly valued and that our client understands exactly what we are trying to accomplish in the negotiation.

About Us

If you're contemplating divorce, we can answer your questions. Call us immediately at 678-215-4106.

Our experience sets us apart. Having served as a Magistrate Judge, an Assistant Attorney General and a Senior Assistant County Attorney has provided us with tremendously valuable experience.

We welcome all family law questions and try to answer as many as possible on our blog. If you need a question answered, email it to us and we'll do our best to answer it (we might have to edit it for length, etc.).  Of course, all questions are anonymous. 

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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