Crystal Wright | January 9, 2026 | Divorce in Georgia
Divorce often brings difficult questions about finances, parenting, and living arrangements. One of the most emotionally charged issues is determining who has to leave the marital home while the divorce is pending or after it is finalized. In Georgia, the answer depends on several factors, including property ownership, court orders, and the specific circumstances of the marriage.
Understanding how Georgia law treats marital property can help spouses better anticipate what may happen to the family home during a divorce.
How Georgia Law Treats the Marital Home in a Divorce
Georgia is an equitable distribution state. Marital property is not necessarily divided 50/50, but rather in a way the court considers fair based on the facts of the case.
Marital property includes most assets acquired during the marriage, regardless of whose name is on the title. This typically includes:
- The family home
- Bank accounts
- Retirement accounts
- Vehicles
- Business interests
- Debts
Separate property, such as assets acquired before the marriage or received through inheritance or gift (to one spouse only), is generally not subject to division unless it was commingled with marital property.
The marital home is often the most valuable asset in a divorce. If both spouses are listed on the deed or if the house was purchased during the marriage, it is likely considered marital property and subject to equitable division.
The Divorce Order Determines Who Has to Leave the House
There is no automatic rule in Georgia that determines which spouse must leave the marital residence when divorce proceedings begin. Instead, the issue can be resolved in one of two ways:
1. By Agreement Between the Parties
If the spouses who are getting divorced are on amicable terms, they may voluntarily agree on who will move out and who will remain in the home during the divorce. This agreement can be temporary (for the duration of the proceedings) or permanent (as part of the property division settlement).
Factors that may influence a marital settlement agreement include:
- Who is the primary caregiver of the children
- Each spouse’s financial ability to relocate
- Safety concerns (e.g., allegations of domestic violence)
- Emotional ties to the home
If both parties can agree, their decision will typically be reflected in a temporary order that has been approved by the court.
2. By Court Order
When spouses cannot agree, the court will decide who may remain in the home while the divorce is pending. It will also decide who receives ownership (or use) of the home after the divorce is finalized.
During the divorce, either party may file a motion requesting exclusive use and possession of the marital home. The judge will consider evidence such as:
- The needs of any children (especially if one parent has temporary custody)
- Whether there has been any domestic abuse
- Financial resources of each spouse
- Whether remaining in the home is necessary for stability or safety
In cases involving family violence, the court may issue a protective order requiring one spouse to vacate the residence immediately.
What Happens to the House After the Divorce Is Finalized?
At the conclusion of the divorce, the judge will make a final determination about what happens to the house. Possible outcomes include:
- Awarding the house to one spouse (with or without a buyout)
- Ordering the sale of the home and dividing the proceeds
- Allowing one spouse to remain in the home temporarily (e.g., until the children graduate)
Again, the court’s decision will be based on what it believes is equitable and fair.
Call Crystal Wright Law, LLC, to Schedule a Consultation With an Atlanta Divorce Lawyer
If you’re going through a divorce and are unsure about your rights to the family home, you don’t have to navigate the process alone. Contact Crystal Wright Law, LLC today to discuss your options with an Atlanta divorce lawyer. We offer a confidential consultation.
To learn more and get the help you deserve, contact our legal team at Crystal Wright Law and schedule your consultation today.
We have offices in Atlanta and Lawrenceville, Georgia.
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