Property Division

When a marriage comes to an end, the parties will have to deal not only with the emotional stress but also figure out how to divide marital assets and debts. In Georgia, property is not automatically divided 50/50.  Instead, the court conducts a process of “equitable division” to decide who should be awarded the assets and debts.

Marital assets include:

  • Real estate
  • Vehicles
  • Bank accounts
  • Retirement accounts
  • Household items

Marital debts include:

  • Credit card debt
  • Mortgages
  • Lines of credit
  • Unpaid bills

An asset or debt is considered “marital” if it was accrued during the marriage, regardless of whose name it is in.  To decide how the property should be divided, the parties must first identify all of the assets and liabilities that existed prior to the marriage and what assets and liabilities exist now.  The parties may then engage in settlement discussions or mediation to try to come to an agreement.  If the parties cannot agree, then the court will make the decision for them.

Seeking proper legal advice before proceeding with property division is important because some property division cases can be quite complicated. Therefore, it is important that you receive correct and timely advice about your rights.

At the Georgia Family Law Project, LLC, our family law attorneys provide advice in regards to your particular entitlements. We will provide you with accurate advice on a wide range of options so that you achieve a proper settlement. We will guide you through mediation and, if necessary, litigation, to make sure you an equitable division of the marital assets. To schedule a consult, please contact us at 404-480-2701 or visit us in person.