Please Reply ASAP

Previous | Next
 rated by 0 users
Latest post 10-06-2009 9:21 PM by Drew. 6 replies.
  • 10-05-2009 9:14 PM

    Please Reply ASAP

    Good Day,

    My name in Leon Connell; my mother and my three other siblings need some advice. My mother is trying to get her current husband out of our house because he's being a threat to her and my entire family. Here's the question; He was threatining our mother so se called the cops out here to get him out; Their statement was he can't leave because he's stil married to our mom; he's not any of our father. But our mom's name is the only name on the lease. So if he vandalises the place, our mom is liable. Why can't he leave? His name is not on the lease. And he's a threat to me and my brothers and sisters. Those cops don't care. They asked our opinions and did not do a thing and he is not even our father. Why can't he leave? This is in Griffin, Georia. Please reply ASAP

  • 10-05-2009 9:52 PM In reply to

    Re: Please Reply ASAP

    What kind of threat is your stepdad to your family?  Who said that he can't leave because he's married to your mom?  If your mom wants a divorce and to get him out of the house, her first step would be to see an attorney.  An attorney can advise your mom as to how best to proceed to get him out of the house.

  • 10-05-2009 9:56 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,504

    Re: Please Reply ASAP

    Laymans take:

     

    He most certainly can leave--but how to force him is the question....

    If he is threatening mom with physical violence or actually hitting her has she sought a protection from abuse order or its GA state equivalent--it could be worded so as to keep him say 100 yards away at all times and that could effectively bar him from that home

     

    Whether a lessee can boot/lockout  a spouse or live in guest in GA is beyond me---its a possibility in some states according to some --but I sort of doubt it--would require a most careful review of GA L-T laws



  • 10-06-2009 1:18 AM In reply to

    Re: Please Reply ASAP

    If my mom wants him out the immediately and she does not want to wait for the divorce to be over because she already saw an attorney, but the stepdad is being spiteful and does not want to get a divorce. So my mom has to pay more money for a divorce without his consent. Divorce takes long.

  • 10-06-2009 1:01 PM In reply to

    Re: Please Reply ASAP

    Was he violent to Mom?  If so, she may be able to get a restraining order that MAY force him to leave.

  • 10-06-2009 9:15 PM In reply to

    Re: Please Reply ASAP

    A divorce doesn't have to be final in order to get possession of the marital residence, however, a motion would need to be made for this and the courts would have to approve it.  Whether your stepdad wants a divorce or not is irrelevant, as the courts don't force couples to stay married if one party wants out.  Yes, it can take a long time and can be more costly, but staying married in a bad relationship could cost more in both money and time in the long run.

  • 10-06-2009 9:21 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,504

    Re: Please Reply ASAP

    Whether by law or common law--a spouse is generally required to provide for the other-and that includes roof over spouse's head   -at least until a court orders otherwise----so Mom needs to get an order for something if she needs him to be out-----



Page 1 of 1 (7 items) | RSS

My Community

Community Membership New Users: Search Community