Legal Question in Family Law in Georgia

Re: Property Division

The house is marital property to some extent. It would be subject to equitable division according to what is called in georgia the Thomas Rule. The funds that were paid towrds the house prior to the marriage would not be subject to equitable division as they are considered pre-marital property. The equity that has increased during the time of the marriage would be subject to equitable division. That would include the increase of the value of the property due more than just econimic forces and the reduction of the mortgage throught he mortage payments. HTough you made all of the payments during the course of the marriage, they would most likey have come from wages which are considered marital property. The courts will not only look at the finalcial contributions the parties made to the marriage but also the non financial including "services".

Including the down [ayment, it would appear that a great share of the house would be considered premarital and only a smaller portion will be subject to division. This division could be made out of other martial assets or by taking a second mortgage which would obviate the need for selling the house.