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In Georgia, only property and debts acquired by the parties during the marriage are subject to equitable division. Any separate property acquired by either spouse prior to the marriage is not subject to equitable division and remains the separate property of the respective spouses.  In addition, separate property can also include property acquired DURING the marriage if it was received by inheritence or a gift. 

  • Property Division Checklist

    The first place to start determining marital property is with a comprehensive property checklist.  In order to help you, we have developed a property division checklist to help you avoid...
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  • Marital Property

    In Georgia, only marital property is subject to equitable division. Marital property is defined as any real or personal property, assets and income acquired by the spouses during the course...
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  • Separate Property

    Georgia law provides that the separate property of each spouse shall remain the separate property of that spouse, except as specifically provided by other laws.O.C.G.A. §...
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Separate Property Can Become Marital

Georgia law regarding separate property is extremely complex and somewhat unsettled.  Just proving that an asset was the separate property of one party does not necessarily preclude it from later becoming marital property.  Under certain circumstances, a property that once was separate in nature can become marital by the actions of the property.  For example, merely adding the other spouses name to a deed may cause a piece of real estate to lose its status as separate property and make it marital.  Similarly, comingling separate property and marital property may have a similar effect. 

  • Property Brought into the Marriage

    Property that was acquired by a spouse prior to marriage is premarital property and is thus not subject to equitable division upon divorce. Payson v. Payson, 274 Ga. 231 (2001).

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  • Inherited Property

    Property acquired by one spouse during the marriage by inheritance, bequest or devise is considered a spouse’s separate property. Bailey v. Bailey, 250 Ga. 15 (1982).

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  • Gifts

    A gift a spouse receives during the marriage is considered a spouse’s separate property. Dasher v. Dasher, 283 Ga. 436 (2008).

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