Columbus Property Division Attorney

Property Division In Georgia

Property division can be one of the most complicated aspects of a divorce. As such, it is important to work with an attorney who can help you navigate the complexities of property division in Georgia.

To help you better understand the property division process in Georgia, we have outlined some of the most common questions below:

• What are the property division rules in Georgia?
• How is property divided in Georgia?
• Can I keep the property that is in my name only?
• What happens to the property that is in my spouse's name only?
• Does Georgia follow the community property rules?
• How is the property division process determined?

Which Property Is Divided?

In a Georgia divorce, all property acquired during the marriage is subject to division. 

This includes:

• Real property (land or a house) or personal property (furniture, cars, etc.)
• Property acquired during the marriage by either spouse (through inheritance, gifts, or sale of property)
• Property that was separate property of only one spouse at the time of marriage, but became marital property during the marriage (through inheritance or gift from one spouse to the other)

Separate property is property owned by a spouse before marriage or received as a gift or inheritance during marriage that was not commingled with marital property (property acquired by both spouses during marriage). Separate property does not need to be divided in a divorce, though a spouse may receive reimbursement for separate property that was converted to marital property (property owned by both spouses during marriage).

How Is the Property Division Process Determined?

In Georgia, property division is determined based on the facts of the case. 

Courts will consider several factors when dividing marital property, including:

• How the property was acquired
• How long the couple was married
• Each spouse's financial situation
• How the property was held during the marriage
• Whether the property was commingled with separate property
• Whether either spouse wasted or dissipated marital property
• Any other factors deemed relevant by the court

How Do I Prove That Property Belongs to Me?

When dividing property, it is important to prove that the property belongs to you. This can be done by providing documents showing ownership, such as bank and credit card statements, tax returns, and property bills.

Need a Lawyer for Your Property Division Case?

The property division process can be complicated and time-consuming. If you are facing a divorce in Georgia, you may have questions about property division. Poydasheff & Sowers, LLC can help. Attorney Melissa Poydasheff has helped many clients through the property division process and can help you do the same.

Contact our firm online or call (706) 705-5777 to learn more about how we can help you with your property division needs.