who gets the house in a divorce in georgia

Divorce in Georgia is no-fault based and the most common ground is irreconcilable. Separate maintenance which is similar to legal separation is also allowed and.

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The first thing you need to know is how assets are divided in your state.

. This is called an. No Georgia is not a community property state. The can be in the form of a Temporary Protective.

Who gets the house when property is divided in a Georgia divorce. Who gets to live in the house during the divorce. File for divorce with your countys Clerk of the Superior Court.

Georgia Divorce Law and the Source of Funds Rule. How Are Assets Divided During a Georgia Divorce. Instead Georgia divorce laws give both spouses an equitable interest in all property acquired during the couples marriage.

In Georgia divorce assets are classified based on whether they are separate or marital property. Property brought into the marriage is not subject to division. Who gets the house in a divorce isnt always straightforward so lets dig into the details.

Georgia divorce laws require at least one spouse to be a resident of the state for 6 months. Georgia like many other states follows a system known as equitable distribution Separate vs. Georgia is an equitable distribution state which means that all marital property acquired during the marriage is subject to division.

Under Georgia law both spouses have equal right to access the marital home until a judge has entered an order for exclusive possession. This means that all marital assets will be divided equitably while each. Complicating matters further is if one spouse owned the house before the marriage.

If children are involved the parent who spends the most time with the kids or provides their primary care usually remains in the marital home. A marriage can end through an annulment or a divorce in Georgia. In Georgia the law is written very sparsely and leaves a lot of room for the courts interpretation.

Marital property is typically divided fairly among spouses but that doesnt necessarily mean an equal split. Who Gets the House in a Divorce in Gainesville Braselton and Northeast Georgia GA Posted on. If that spouse takes specific steps to keep the house as a separate asset during the.

One spouse can trade the house for other marital property. Separate property refers to assets or funds the spouses purchased or. In Georgia and other equitable distribution states the process of dividing.

You must file for divorce with the Clerk of the Superior Court in the county where you or your spouse have lived for at least 6. Georgia is an equitable distribution state. How assets are divided.

There are lots of ways a judge might decide the issue of who gets the home For more detailed information you should contact an experienced family law attorney located in your state. December 9th 2018 by Marco No Comments Divorce brings a toll on. Who gets the house in a divorce in GA.

Every state has its own laws governing how property is to be divided during a divorce. Georgia is an equitable distribution state. Courts follow principles of.

Divorce Laws in Georgia. Georgias Source of Funds rule comes into play when both partners in a marriage have contributed to the value of an item. Georgia follows the equitable distribution rule which means that the court should split property fairly but not necessarily.

You and your spouse can choose who gets the house in a divorce in Georgia.

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