Savannah Asset & Property Division Lawyers
How are Assets & Property Split in a Savannah, Georgia Divorce?
In community property states, assets are divided equally with a standard 50/50 split. Some people mistakenly assume that assets in a Georgia divorce would also be split 50/50, but Georgia follows the principle of equitable division instead of community property laws. Equitable division means that marital property—financial accounts, real estate, vehicles, and other assets—is divided fairly; it is not necessarily divided equally. In Georgia, a judge or jury will assess the specific circumstances of each case to determine what constitutes a fair distribution. This could lead to a variety of division percentages which reflect the unique aspects of the marriage. For instance, one spouse may receive a larger share if it is deemed more equitable based on factors such as the length of the marriage, contributions to the household, and individual financial situations.
What assets and property are subject to division in Savannah? Only marital property—assets and debts acquired during the marriage—will be divided during the divorce. Separate property, such as assets obtained before the marriage, inheritances, or gifts, remains unaffected by the divorce settlement. However, complications can arise if separate and marital assets become mixed, making it difficult to delineate what belongs to whom.
To navigate this complex process effectively, it's beneficial to consult with a knowledgeable attorney who specializes in family law. At Meriwether & Tharp, we have over 25 years of experience in handling property division cases throughout Savannah and Georgia. Contact us today for a free telephone consultation to discuss your situation and how our Savannah equitable division lawyers can assist you.
What Property is Subject to Division in a Savannah Divorce?
In Savannah and throughout Georgia, only marital property is divided during the equitable division process in a divorce. So, what qualifies as marital property? Unless an exception applies, marital property includes any property acquired during the marriage. This includes both significant assets like homes, vehicles, and financial accounts, as well as smaller items such as TVs, dish sets, and furniture. Moreover, ownership titles do not determine entitlement; just because a marital asset is titled in one spouse's name does not automatically mean it belongs to them. In contrast to marital property, property purchased before the marriage, or received as a gift or inheritance, is generally considered separate property and is not subject to division.
How do Judges in Savannah Divide Property in a Divorce?
In Georgia, there is no single method for dividing marital property. Judges and juries will take into account various factors and specific circumstances to determine how assets should be allocated. One important consideration is the reason for the couple's separation, as well as their conduct during the marriage and divorce proceedings. The duration of the marriage may also impact the division of property. The court will assess each spouse's contributions to acquiring and maintaining marital assets, acknowledging the significance of both partners' roles within the family unit. Furthermore, Georgia law permits consideration of the parties' intentions regarding property ownership, which is essential for ensuring a fair distribution of assets.
Equitable Division: Separate Property is not Subject to Division in Savannah
In the state of Georgia, separate property is not divided during a divorce, meaning it remains the individual's asset and is not subject to equitable division. What counts as separate property not subject to division?
Any assets acquired prior to the marriage are classified as premarital separate property and remain untouched during division. Inheritance is another form of separate property. Any assets received as an inheritance, whether before or during the divorce, are treated as separate and are not subject to equitable division. Similarly, personal gifts received before or during the marriage are generally considered separate property and are excluded from equitable distribution.
Could Separate Property Convert into Marital Property in Savannah?
Yes. It is important to understand that separate property can become marital property in certain situations, making the property subject to equitable division. Actions taken by the parties can cause an asset which was initially separate to be classified as marital.
For instance, commingling separate and marital assets—such as depositing separate and marital money into a single account—can create confusion about their separate status and may lead to separate property being treated as marital. Additionally, non-economic contributions, like manual labor on a spouse's business or property, can also convert separate property into marital property. Evaluating the status of separate property can be complex and often requires proper documentation and evidence. If you have questions about property division in your case, it's advisable to consult with one of our experienced asset and property division lawyers in Savannah.