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