Is Georgia a Community Property State

Asked almost 4 years ago - Woodstock, GA

If my husband bought our home before we were married, then commited adultery, could I be awarded half the home?

Attorney answers (3)

  1. Jennifer H. Keaton

    Contributor Level 12

    Answered . There is not enough information in your question to provide a substantive answer as to what, if any, portion of the home could be subject to equitable division. For example, was there a mortgage on the home at the time you married, did you take out an equity line of credit or refinance the home during the marriage, etc. Sometimes, those changes in the status of the home could impact whether it is or is not subject to equitable division.

    Keep in mind that equitable division does not necessarily mean a "perfect split" of assets and debt. As such, what a court might award after trial may not result in the parties getting "the half" of stuff they wanted (for example, Jack Sprat getting the Fat).

    When couples work out their own division of property through mediation, a court will often be inclined to approve the settlement (assuming it is not contrary to law or outside the bounds of what appears to be an equitable division) and incorporate it into the divorce decree. Consider mediation as a part of a separation or divorce process - consult www.mediateB4Useparate.com for more information.

  2. Jennifer H. Keaton

    Contributor Level 12

    Answered . There is not enough information in your question to provide a substantive answer as to what, if any, portion of the home could be subject to equitable division. For example, was there a mortgage on the home at the time you married, did you take out an equity line of credit or refinance the home during the marriage, etc. Sometimes, those changes in the status of the home could impact whether it is or is not subject to equitable division.

    Keep in mind that equitable division does not necessarily mean a "perfect split" of assets and debt. As such, what a court might award after trial may not result in the parties getting "the half" of stuff they wanted (for example, Jack Sprat getting the Fat).

    When couples work out their own division of property through mediation, a court will often be inclined to approve the settlement (assuming it is not contrary to law or outside the bounds of what appears to be an equitable division) and incorporate it into the divorce decree. Consider mediation as a part of a separation or divorce process - consult www.mediateB4Useparate.com for more information.

  3. David Magnuson

    Contributor Level 7

    Answered . No, Georgia is not a community property state. It is an "equitable distribution" state. Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In California, if your husband bought the home prior to marriage and continued to make mortgage payments from his separate property, the house would continue to be his separate property. Allegations of adultery would have no effect on this outcome.

    In Georgia, it appears that the home would be your husband's non-marital property, as it was acquired prior to marriage. That said, I would highly recommend that you contact a Georgia family law attorney to determine whether allegations of adultery would affect the characterization and allocation of the home in a divorce proceeding.

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