Who Gets the House in the Divorce?
Table of Contents:
Is Georgia a Marital Property State?
Marital vs Premarital Property in Georgia
What Does the Court Consider When Dividing Property in Georgia?
Consult an Experienced Family Law Attorney
Divorce is a complex and emotional process. One of the most significant factors couples must address is property division, particularly the family home. When it comes to property division, Georgia laws provide guidelines to determine who keeps the house.
In this blog article, we’ll explore the question of who keeps the house in a divorce, focusing on property laws in Georgia.
Is Georgia a Marital Property State?
In a Georgia divorce, understanding property laws is essential to determine who keeps the house and how other assets are distributed. Georgia follows an equitable distribution model for property division. This means that unlike community property states, where assets are divided equally, Georgia courts aim to distribute property fairly and equitably. Georgia divorce property division is based on fairness and the unique circumstances of your specific case, rather than a 50/50 split.
Marital vs. Premarital Property in Georgia
When going through a divorce, you must determine marital and premarital property, because who keeps the house in a divorce depends on if the property was purchased prior to your marriage.
Marital Property: This includes assets acquired during the marriage, such as the family home, joint bank accounts, and retirement savings earned during the marriage. In Georgia, marital property is subject to equitable distribution.
Premarital Property: This comprises assets acquired before the marriage including inheritance or property explicitly designated as separate in a prenuptial agreement. This property generally remains with the original owner during a divorce.
Learn more by watching the video below ⬇️
@gafamilylawyers Did you own a home before you got married? #divorce #personalproperty #ownyourhouse #georgialaw #tipsfordivorce
♬ original sound – Jenni Brown I Family Law Tips
What Does the Court Consider When Dividing Property in Georgia?
When it comes to property division, Georgia courts consider several factors to determine who keeps the house and how other assets are divided fairly.
➡️ Duration of the Marriage – The longer your marriage is, the more likely the marital property will be divided equitably.
➡️ Contributions to Marriage – Court assesses each spouse’s financial and non-financial contributions to the marriage, including homemaking and raising children.
➡️ Financial Standing – Financial situations and prospects of each spouse are evaluated to ensure a fair distribution.
➡️ Custody Agreements – If children are involved, the court may consider custodial parents’ housing needs and the best interests of the children.
➡️ Assets and Debt – All marital assets and liabilities, including debts and mortgages, will be reviewed by the court.
Consult an Experienced Family Law Attorney
To navigate the complexities of divorce and property division, consult an experienced family lawyer in Georgia. At Brown Dutton & Crider, we can assess your unique situation, provide legal expertise, and help you make informed decisions regarding your divorce. Contact us to schedule a consultation so we can help you through this challenging time and ensure your rights are protected.
At Brown Dutton & Crider, we understand that divorce is a life altering event that requires careful planning. Our attorneys are fully prepared to guide you through each step of the process, making sure you know what is going on with your case every step of the way.
Whether it’s a matter of property division, child custody, child support, or another legal issue, we are prepared to walk alongside you and help protect your family and your future.
If you have questions about your situation or are interested in scheduling a consultation, contact the attorneys at Brown Dutton & Crider today. Call (678) 730-2578 or get in touch with us here.