[GA] How do I evict my ex wife if she won't vacate per court order?
Thank you for the confirmation. You will need to file a motion for contempt against her in the Court that issued your divorce decree.
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I won my house in the divorce, but my ex-wife won’t vacate the property.
I'm sorry to hear about your situation with your ex-wife. Have you already tried discussing the matter with her directly?
Yes. She said her name on the deed, and I am in Georgia.
Are there any court orders or legal agreements in place regarding the division of the property after the divorce?
Yes, if she missed a Mortage payment she was too vacant. That was may 2024
Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your property occupancy issue.
Yes
Hello, My name is Courtney. I am a licensed attorney and will be glad to assist you with your legal issue.
To clarify, does your court order grant her the right to live in the house as long as she makes the mortgage payments, while you retain the title to the house?
We were married then got divorced. In the paperwork as long as she made the payments should could live there or buy the house from me. She did not do neither.
We were officially divorced April 2024. I’m trying to legally get her out of the house.
Her name is in the deed, so she feels she has the right to still stay.
Thank you for the confirmation. You will need to file a motion for contempt against her in the Court that issued your divorce decree.
Do you have an eta on how long that would take? And can I do that without an attorney
A motion for contempt is a legal request to the court when one spouse is believed to have violated a court order related to the divorce. This motion will outline the specific actions that have not been taken in violation of the court order and request relief, such as an order for her to vacate the property.
While you are not required to have an attorney, I highly recommend it. It may take a couple of weeks for the attorney to draft the motion for your signature. However, the timing for when you will be heard depends on the court's schedule and how long it takes to get a hearing.
Can I help with any other questions?
Do you have an eta on how long that would take? And can I do that without an attorney
A motion for contempt is a legal request to the court when one spouse is believed to have violated a court order related to the divorce. This motion will outline the specific actions that have not been taken in violation of the court order and request relief, such as an order for her to vacate the property.
While you are not required to have an attorney, I highly recommend it. It may take a couple of weeks for the attorney to draft the motion for your signature. However, the timing for when you will be heard depends on the court's schedule and how long it takes to get a hearing.
Do you guys offer representation, or do I have to find an attorney?
Unfortunately, we cannot offer direct representation. You will need to contact a local attorney.
Ok. Thank you.
Will I need to file an eviction and sign over the deed to her?
It depends on what your Court Order specifically says.
Ok thank you
You are welcome! Best of luck during your legal journey.
