Johns Creek Asset & Property Division Lawyers

In a divorce, all types of property - assets, debts, homes & real property, retirement, investments and even small property items like furniture are divided according to a process known as equitable division. In Georgia, equitable division means that assets and debts are divided EQUITABLY not EQUALLY. Georgia does not automatically presume a 50/50 equal split. Instead, judges will consider the facts and unique circumstances of each case to determine what split is fair and equitable. In Johns Creek, you could receive a 60/40 split or even a 90/10 split depending on the facts of your case. You should know that only assets, debts and property that are considered marital property are subject to be divided in a divorce. Marital property is typically property that was purchased or acquired during the marriage. On the other hand, separate property is not subject to division in a divorce. Separate property is typically property acquired before the marriage, inherited property or property received as a gift. You can read more about marital property and separate property below.

Determining what is martial and what is separate can a be a difficult task. Especially when funds and property could be commingled. It's important to make sure you pick the best asset and property division lawyer for your case. Meriwether & Tharp focuses only on family law and all aspects of divorce. Our Johns Creek asset and property division lawyers have been helping clients through difficult times for over 25 years in Georgia. Call now or schedule a free consultation with one of our experienced property division attorneys by clicking the link below.

It is important to remember that in Johns Creek and throughout the state of Georgia, only property considered "Marital Property" is divided during the equitable division process in a divorce. What is marital property? Simply put, any property that was acquired during the marriage. For example, if you and your spouse purchased a vacation home during your marriage, that asset is likely to be considered marital property. As such, the vacation home will be subject to equitable division and it will need to be decided how it will be split during a divorce. For more on dividing homes and real estate click here. Unless it falls into the separate property exception, anything acquired during the marriage is martial property subject to division, even small property items like TVs, dish sets, furniture etc. What if the property was purchased before the marriage, or what if it was a gift or an inheritance award? Then it would likely be considered separate property.

In Georgia, separate property is not subject to division in a divorce. This means that your separate property is yours to keep and will not be on the table for equitable division during your divorce. One critically important question we are often asked is, "how do I know whether something is separate property or marital property?" Typically, property brought to the marriage (i.e. purchased and/or acquired before the marriage) is considered separate property not subject to division. This is considered premarital property. Another form of separate property is inheritance. If you personally inherit property before or during the divorce, that property is considered separate property and not subject to equitable division. Similarly, if you personally received a gift before or during the divorce, that property is likely to be considered separate property and not subject to equitable division. Be aware that under certain circumstances, separate property can become marital and therefore subject to equitable division. Claiming separate property can be confusing and require documentation and other proof. It's best to speak with one of our Johns Creek asset and property division lawyers to help you determine what to expect in an equitable division split.