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What assets are considered marital property in Georgia?

On Behalf of | Feb 17, 2023 | Divorce

If you are getting divorced in Georgia, you must consider how you will divide your marital assets. According to the state, marital property is anything acquired during your marriage. Things will be much smoother if you agree on dividing these assets. However, if you cannot, a judge with decide for you based on the state laws.

Either way, it is essential to know Georgia’s laws for property division. Here is what you need to know about these laws.

What is marital property?

Anything you acquire during the marriage is marital property. It does not matter how you title the item. That means if you buy a car and put it in your name, it is still marital property. Cars and real estate are the most prevalent types of marital assets. However, the money you put into your 401(k), gifts, debts and other assets can also be marital property.

How does Georgia divide property?

Georgia uses equitable property division laws, meaning that separate property remains separate. However, you must divide your marital property. Georgia does not adhere to community property laws and gives the court complete discretion if it has to divide your property. That said, when you file for divorce, you can expect the state to follow the equitable division rules.

Going through a divorce is not easy. You want to make sure you have your family and friends around you to help you through this process and understand things like property division. That way, you get all the property you deserve out of your marriage.



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