Barrow County Property Division Attorneys

Helpful Resources

• Official website for the state of Georgia with information on family law and divorce in Georgia
• Barrow County official website with resources on legal services and family law in the county

Understanding Separate Property versus Marital Property in Georgia 

In the state of Georgia, your assets will be considered either “separate property” or “marital property.” Separate property is not subject to division in a divorce, but all marital property is fair game and will be equitably divided.

Separate property generally consists of:

• Assets acquired before the marriage began
• Assets acquired after the marriage ended
• Assets received via lifetime gifts
• Assets received via inheritances
• Assets named as separate property in a prenuptial agreement

Marital property consists of any assets that were acquired during the marriage. It does not matter who technically purchased the asset or whose name is on the title or ownership documents. If either spouse procured the property over the course of the marriage, it most likely counts as marital property. Note that each spouse’s income earned during the marriage is also considered marital property.

You may be wondering if you will get to keep your house or vehicle, especially if you ostensibly purchased it with your own money. Every situation is different, but the answer will generally depend on when you obtained the asset and what resources you used to pay for and maintain it. For example, if you already owned a family home and brought it into your marriage, it is likely considered separate property and thus something you can keep so long as you do not use marital resources to pay for upkeep or improvements.

Many property division disputes arise from disagreements over whether an asset is considered separate property or marital property. Separate property can in some limited circumstances become marital property if it commingles with marital property or if your spouse invests marital property into a piece of separate property. For example, your spouse could argue a home that was once considered separate property should now be considered marital property because they invested their own resources into refurbishments that led to an appreciation in value. Our Barrow County property division attorneys can evaluate your holdings and advise on the likely status of contested assets. 

How Equitable Division Works in Georgia

All marital assets will be equitably divided in a Georgia divorce. Again, this does not necessarily mean that property will be split down the middle. The judge assigned to your case will assess numerous factors when determining what they consider to be “fair.” There are no set formulas, leaving an enormous amount up to the judge’s discretion.

When considering how to divide marital property in a divorce, a Georgia judge will consider:

• The separate property of each spouse
• The current financial circumstances of each spouse, including income, earning capacity, and debts
• The anticipated future needs of each spouse
• Spousal support awards
• Misconduct that led to the dissipation of assets
• Any history of spousal abuse or other types of misconduct during the marriage

You deserve to keep property that is irrefutably yours under the law. You also deserve an equitable division outcome that is truly fair and reasonable. Our Barrow County property division lawyers will fight for your interests throughout every step of the divorce process. At the Mitchell & Crunk Law Firm, we are determined to help you write your family’s next chapter and will do everything possible to ensure you have the resources you need to do so. 

Schedule a free initial consultation to learn more about how we can advocate for you during the equitable division process. Contact us online or call (678) 701-6252 to get started.