What happens to the house in a divorce in GA?

During divorce in Georgia, separate property is typically retained its original owner. This means that the property is divided between the spouses according to what is “equitable,” or fair. While in some cases this results in marital property being divided equally, in many cases it does not.

How is the equity in the marital home split?

Dividing the home equity in divorce can be handled many ways, depending on the individual circumstances of the parties involved. The following questions and answer can help you understand the various options that exist when dividing the true value available in your home when you divorce. How is the equity in the marital home split?

How is property divided during divorce in Georgia?

Generally speaking, separate property in Georgia includes any assets owned by independently by either spouse prior to marriage. Under certain circumstances, other assets can also be considered separately owned, even if they were obtained during the marriage.

What to know about the marital home and divorce?

These questions and answers concerning the marital home and divorce can help with the various issues that need to be considered when dividing one of the biggest assets of the marital estate.

How to protect your assets during a divorce in Georgia?

One of the most important ways that divorcing spouses in Georgia can protect themselves from asset concealment during divorce is to pay close attention to their finances and be on the lookout for potential warning signs of asset concealment, such as:

Who is entitled to the house in a divorce in Georgia?

A judge may assess some of the factors listed above when deciding who gets the house in a Georgia divorce. Additionally, a custodial parent (parent who primarily lives with the children) may have an advantage when it comes to getting the house in a divorce.

How is equitable division of marital property determined in Georgia?

Georgia courts typically consider the following factors when deciding what is a fair and equitable division of marital property: the separate assets and financial status of each spouse the income and earning capacity of each spouse any wrongful conduct that resulted in a dissipation (waste) of assets by either spouse

Can a spouse keep the marital home in a divorce?

Thus, a spouse seeking to retain the marital home following a divorce, must generally draw on his or her share of separate assets to “buy out” the other spouse’s intertest in the home.