Legal Question in Family Law in Georgia

Re: Who keeps the house when divorcing ?

The name your house is under doesn't matter a whole lot under California law. To the extent it was paid for with money or property acquired during the marriage other than by gift or inheritance, it is probably community property. To the extent it was purchased by separate property acquired before the marriage, it could be separate property. To the extent it was community property, it is required to be split 50/50. Unless you have a prenuptial agreement or a subsequent "transmutation" agreement (specifying its status as separate or community), you likely have some community property built into the house. You need to talk to a lawyer and provide more specifics. You can e-mail me at [email protected].

Re: Who keeps the house when divorcing ?

Woops. I misread GA for CA. I practice in both states. The law is quite a bit different in Georgia. Georgia is NOT a community property state. Property in your own name is presumtively yours, unless she can show she paid some of it. HOWEVER, property acquired during the marriage in Georgia other than by gift or inheritance is presumptively called "marital property" and is subject to "equitable division" at divorce. No hard 50/50 rule. The court can divide it as it thinks is fair. So, if you paid for it with money acquired during the marriage by other than gift or inheritance, it is marital property subject to equitable division. But, to the extent you paid for it with money acquired before the marriage or by gift or inheritance, it is all yours. Sorry for the confusion. The laws of the two states on property when divorcing are similar, but not quite identical. Again, you can e-mail me if you like at [email protected].

Re: Who keeps the house when divorcing ?

I agree with Mr. Wisong's analysis. There are numerous factors the court will look at in deciding what is "equitable". There is no automatic formula to decide who will get the house. The house generally is only one piece of the asset-splitting puzzle. One of the things you may want to do is to make a list of all of the assets that you and your wife have. You will want to discuss them all with your lawyer. Feel free to call me. Office: (404) 355-5221 or Cell: (678) 613-5732.