Blalock v. Blalock

Supreme Court of Georgia

Blalock v. Blalock

301 S.E.2d 876, 250 Ga. 862, 1983 Ga. LEXIS 661

CourtSupreme Court of Georgia

DecidedApril 19, 1983

Docket39714

StatusPublished

Cited by7 cases

This text of 301 S.E.2d 876 (Blalock v. Blalock) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blalock v. Blalock, 301 S.E.2d 876, 250 Ga. 862, 1983 Ga. LEXIS 661 (Ga. 1983).

Pincite

Opinion

Marshall, Presiding Justice.

The plaintiff former husband brings this suit for equitable partitioning of the marital residence and the personal property located therein. After conducting a rule nisi hearing and considering briefs submitted by the parties, the trial court denied the defendant former wife’s motion to dismiss. We granted her application to appeal. We reverse.

It is true that the parties do each hold a one-half undivided interest in the subject property. However, the parties’ divorce decree, which was rendered approximately four years before the filing of the complaint in this case, gives the defendant the right to live on the property. The plaintiff has alleged no facts showing that the defendant has been, or should be, divested of this right. Therefore, the defendant’s motion should have been granted. See Rathkamp v. Rathkamp, 136 Ga. App. 423 (221 SE2d 221) (1975) and cits.

Judgment reversed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Marshall, Presiding Justice.

The plaintiff former husband brings this suit for equitable partitioning of the marital residence and the personal property located therein. After conducting a rule nisi hearing and considering briefs submitted by the parties, the trial court denied the defendant former wife’s motion to dismiss. We granted her application to appeal. We reverse.

It is true that the parties do each hold a one-half undivided interest in the subject property. However, the parties’ divorce decree, which was rendered approximately four years before the filing of the complaint in this case, gives the defendant the right to live on the property. The plaintiff has alleged no facts showing that the defendant has been, or should be, divested of this right. Therefore, the defendant’s motion should have been granted. See Rathkamp v. Rathkamp, 136 Ga. App. 423 (221 SE2d 221) (1975) and cits.

Judgment reversed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

301 S.E.2d 876, 250 Ga. 862, 1983 Ga. LEXIS 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blalock-v-blalock-ga-1983.

Opinion

Related

Cite This Page — Counsel Stack