In Georgia, when a couple decides to divorce, they must divide their marital property between them.
Marital property includes all assets acquired during the marriage, but not all property is marital property. The courts see some property as separate property and is, thus, not subject to division in a divorce. Here’s what you need to know about separate property in a Georgia divorce:
What is separate property?
Separate property is property that is not considered part of the marital estate and is not subject to division in a divorce. Separate property includes property acquired by one spouse before the marriage, property acquired by one spouse during the marriage by gift, inheritance or bequest, and property acquired by one spouse during the marriage with separate funds.
How is separate property treated in a divorce?
Separate property is not subject to division in a divorce. This means that if one spouse owns property that is separate property, that property will not be divided between the spouses in a divorce. However, it is important to note that separate property can become marital property if a couple comingles it with marital property.
For example, if one spouse owns a house before the marriage and then uses marital funds to pay the mortgage, the house may become marital property. Similarly, if one spouse inherits money and then deposits it into a joint bank account, that money may become marital property.
In a Georgia divorce, not all property is subject to division. If you have questions about how your property will be divided in a divorce, it is important to speak with an experienced professional who can help you understand your rights and options.