Legal Question in Family Law in Georgia
Ii owned my home for 12 years now with only my name on the loan. i am about to get married and continue to keep the home in only my name. Although he does not make as much as I, he will be contributing to the mortgage payments. If we get divorced in a year or two, lets just say, is he entitled to half the equity in my home that Ive built over the past 12 years?
1 Answer from Attorneys
You have a common misconception that Georgia has community property. It does not. However you have reason for concern. Georgia does have equitable distribution of property, and he could make a claim based upon his contribution to the home (which likely isn't half). Also, if you died, he would have claims as a surviving spouse.
The best thing would be to have an attorney draft a solid prenuptial agreement to protect your financial interests. My office handles these. It's inexpensive protection. Feel free to call me at 404-768-3509 with details.
Note that a prenuptial can also address other financial and property issues.
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