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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. Several of the most common ways separate property can become marital are described in detail below.

Top things to look for with Separate Property

  • Comingling of Property

    The right of a spouse to keep his or her separate or non-marital property upon divorce may depend largely on whether that spouse actually kept his or her separate property separate....
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  • Non-Economic Contributions

    Although most people think about comingling of assets being the primary way that separate property can become marital, there is another way.  In particular, non-economic contributions by...
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Practice Pointer

It is strongly advisible that you seek the advise of an attorney is you have concerns in this area.  In addition, given the levels of proof required for separate funds, it is often advisible that you work with an accountant skilled in an understanding of various methods of proving assets as separate or marital.

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