Legal Question in Family Law in Georgia

Marital Property

Several years ago, my parents gave me a gift of $15k to put towards the purchase of a home in South Carolina for my husband and I. Last year that home was sold and all the profits were used to purchase a new home in Georgia. We are now getting divorced. I want to know if I,legally, have a right to the first $15k from the sales of the home and all profit after that be split 50/50 or would that be a request. No agreement was signed initially, however, the check was issued to me.


Asked on 9/22/04, 1:27 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Marital Property

You can request anything, and a Judge could consider the facts in making a division, but it sounds like the new home would be treated as marital property, and that wouldn't make an automatic claim to the $15K. In other words, it's likely up to the court.

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Answered on 9/22/04, 1:33 pm


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