Marital And Non-marital Property

Georgia is an equitable division state, which means that the division of marital property must be equitable, or fair, and this does not always mean 50-50. The issue of marital versus non-marital property can often confuse the issue of marital property.

Non-marital property in divorce encompasses inheritance (but usually not the income from inheritance), property acquired before the marriage, gifts or sometimes a settlement from a lawsuit. However, it is critical to have an experienced attorney evaluate the property. At Bruner & Associates, I can help evaluate whether property is marital or non-marital.

Commingling Marital And Non-marital Property

One of the common mistakes that a party makes is commingling or combining non-marital property with marital property. This is frequently an issue in high-asset dissolutions. For example, if you used an inheritance on joint property ownership or a joint account and used it for marital expenses, then it is probably now marital property.

Tracing non-marital property is very important in resolving these issues. Hiring experts to evaluate a non-marital claim may be well-worth the investment in order to protect that asset. The benefit of properly tracing and identifying a non-marital asset is that non-marital property typically does not get considered in the marital property division thereby protecting your marital property portion.

Free Phone Consultation

If you believe you have a non-marital claim such as divorce and inheritance issues, it is important that you consult with an experienced lawyer to evaluate your claim. Contact me online or call 404-348-8953 (toll-free 866-544-0951) for a free phone consultation. I represent clients throughout the Atlanta metro area.