Rated 4, 9 (8) · A separation is not required for a divorce in Georgia, so both spouses can continue to live in the house until the asset is divided. During a divorce in Georgia, separate property generally retains its original owner. Marital property, on the other hand, is subject to division according to the principle of equitable distribution. This means that property is divided between the spouses according to what is “equitable or fair”.While in some cases this results in marital assets being divided equally, in many cases this is not the case.
If the spouses cannot agree with each other and the divorce goes to trial, the court will have to decide what happens with the marital residence. The judge can order that the house be sold and that the profits be divided equally between the parties. Or the judge can grant residency to one of the spouses, especially if that spouse has custody of the children. In this case, the court may award other assets to the other spouse so that the division of property is equitable.
For many divorcing couples, their marital home is their most valuable property. This leads a large number of people to wonder: “Who keeps the house in the event of a divorce? As with countless aspects of the law, there is no simple answer to this question. However, an experienced divorce attorney at The Millard Law Firm can review your particular situation and explain to you the rules that will apply. Consider contacting them at (67) 319-9500 for more information.
No specific rule in Georgia law requires that the house be for either spouse during a divorce. Who keeps the house in the event of a divorce? That depends on the specific circumstances surrounding the case. If the house was independently owned, as can be the case if one of the spouses owned it before the marriage or inherited it during the marriage, that owner is likely to keep their interest in the property. This is because, under Georgia Code § 19-3-9, each spouse's separated property remains that spouse's separate property and is exempt from the court-ordered division of property that applies to marital property during a contested divorce. If the other spouse contributed to the separate property, for example, by making repairs to the property, you may be entitled to receive some compensation for those contributions.
Who gets to keep the house in the event of a divorce? This is a common question, but the answer isn't simple. How the house will be divided in a divorce in Georgia depends on the particular case. An experienced attorney at The Millard Law Firm can explain what usually happens in these types of situations and what the likely outcome could be for your case. When you hire an experienced divorce attorney to help you with your divorce case, you may be able to answer questions you have along the way, such as: “Who keeps the house in a divorce? An experienced divorce attorney at The Millard Law Firm can review your particular situation, explain how the law works, and advise you on your options at every stage of your case. Consider contacting them at (67) 319-9500 to schedule a confidential consultation.
Divorced spouses in Georgia are encouraged to contact an experienced divorce attorney who can help them protect their interests and negotiate on their behalf to achieve an optimal property agreement. There are two reasons why your house could be considered separate property and automatically become yours in a Georgia divorce. In fact, you may choose to continue living in the same house as your roommates or even continue to co-own the house, although it's, of course, quite rare for exes to choose these options. If you and your spouse are planning to divorce in Georgia, one of the things you both will want to consider is how you are going to divide your marital assets and assets.
In many cases, the parent who has custody has an advantage because of their primary residence with children and can receive marital housing as part of a divorce decree. An exception to this is if one of the spouses alleges domestic abuse and requests an order of protection with a motion for sole possession of the house. If one spouse cannot assume financial responsibility, but the spouses still want to keep the house, the court could decide, or the parties could agree, that both should remain co-owners of the property. When it comes to the division of property during divorce, Georgia is an equitable distribution state, meaning that the court will divide property equally between the spouses.
The one who stays does not suddenly gain more capital in an equitable division of assets, but may be favored if the court decides to let one of the spouses keep the house during the divorce. If you have questions regarding the division of your marital home in Georgia, it's best to contact an experienced divorce attorney to protect your rights as soon as possible. If you choose this path, keep in mind that selling and closing the house could take longer than a divorce. The marital home is generally considered joint property and must be divided equally and fairly under Georgia divorce laws.
