[GA] I won my house in a divorce, but my ex-wife won’t vacate the property. What can I do?
October 30, 2025
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You will need to file a motion for contempt in the court that issued your divorce decree.
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 outlines the specific actions that have not been taken in violation of the court order — in your case, her failure to vacate after missing mortgage payments — and asks for relief, such as a court order requiring her to leave the property.
While you are not required to have an attorney, I highly recommend it.
It may take a couple of weeks for an attorney to draft and file the motion for your signature, but the court’s hearing schedule will determine when it’s heard — typically anywhere from a few weeks to a couple of months, depending on the backlog in South Fulton.
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I won my house in a divorce, but my ex-wife won’t vacate the property.
I’m sorry to hear about the situation with your ex-wife. Have you already tried discussing the matter with her directly?
Yes. She said her name is on the deed, and I am in South Fulton, 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 mortgage payment she was to vacate. 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. I would like to know my next steps.
Hello, my name is Courtney. I’m 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 title to the house?
We were married, then got divorced. In the paperwork, as long as she made the payments she could live there or buy the house from me. She did neither.
We were officially divorced April 2024, but I didn’t act in May 2024. So I’m trying to legally get her out of the house.
Her name is on the deed, so she feels she has the right to still stay.
You will need to file a motion for contempt in the court that issued your divorce decree.
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 outlines the specific actions that have not been taken in violation of the court order — in your case, her failure to vacate after missing mortgage payments — and asks for relief, such as a court order requiring her to leave the property.
While you are not required to have an attorney, I highly recommend it.
It may take a couple of weeks for an attorney to draft and file the motion for your signature, but the court’s hearing schedule will determine when it’s heard — typically anywhere from a few weeks to a couple of months, depending on the backlog in South Fulton.
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.
If the decree awards you the property outright and her right to stay was conditional (based on making payments), then once she violated that condition, you can enforce the order through the contempt motion — not a standard eviction.
You wouldn’t need to sign over the deed unless the court order requires it.
Ok, thank you.
