Marital Property Versus Separate Property In Georgia

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 nonmarital property can often confuse the issue of marital property.

Nonmarital 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 The Bruner Law Firm in Atlanta, I can help evaluate whether property is marital or nonmarital.

Commingling Marital And Nonmarital Property

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

Call Now For A Free Phone Consultation

If you believe you have a nonmarital 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.