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GA: Rent from Award of Permanent Possession of Real Estate Must Be Divided

By Janet Langjahr

Georgia couple divorce. Couple had owned real estate held in both names.

The final judgment awarded the Wife permanent possession of the property and she paid the mortgage from that point on. But, for whatever reason, the Court did not address ultimate ownership of the property, and neither did the parties.

Wife lived in the property for many years. But eventually she moved away to care for her elderly mother.

And when she moved, she rented the property out. For money.

At which point the Husband sought half of the rental income.

And the Georgia Supreme Court agreed with the Husband that he was entitled to half of the rental income.

The Court reasoned that the Husband had not waived his right to ask the Court to order a sale of the house (called partition) and division of the proceeds.

It is unclear whether the Georgia Court similarly divided the mortgage payments and maintenance expenses (insurance, taxes, repairs, etc.) of the property.

Read more in this Augusta Chronicle article: Woman must share rent with ex-husband.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on July 10, 2008 (boomark / email).