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Separate Property Can Become Marital Property

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 parties.  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.

Practice Pointer

It is strongly advisible that you seek the advice of an attorney if 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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