Legal Question in Family Law in Georgia
Divorcing, bank account question
I am wanting a divorce but was wondering if she would be entitled to my house, I bought it before I met her. What about the bank accounts? I only have 1 account that is joint the other is soley in my name. Am I responsible for the bills that she agreed to pay using my credit card? Can she get my retirement, 401k, or other? I am in Gwinnett County. Other than her vehicle (which I am a co-signer on)and my big rig for work(in my name) there had not been any other major purchases in the almost 2 years we have been married. Can my name be taken off as a co-signer when we divorce so if she stops payments it will not come back to me? What all is she entitled to?
2 Answers from Attorneys
Re: Divorcing, bank account question
In general property acquired prior to a marriage is not divisible. Joint debts are not erased by a divorce (you can't get out of a contract without refinancing). Part of a 401K may be divisible. We'd need a lot more information to know all the possibilities as the above are general rules, and the facts may dictate a different result.
Re: Divorcing, bank account question
Georgia courts in divorce cases employ a doctrine called "equitable division of marital property." Marital property is generally whatever has been accumulated by either party during the marriage, regardless of in whose name it is titled."Separate property" is either property owned prior to the marriage, or received during the marriage by either gift or inheritance, and generally cannot be divided as part of property division. There are many factors affecting this doctrine, however, and you need to consult with a lawyer about your specific unique facts to see how Georgia law applies to your case and your property.
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