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Is inheritance community property in Georgia?

Atlanta, GA |

wanting to file for divorce and want to keep my inheritance

Attorney Answers 3


  1. Best answer

    Your underlying intent in this case requires a different response from the question posed. The simple answer to your question in bold is no. However, just because your inheritance is not community property (Georgia does not recognize this), and is probably not marital property, that does not necessarily mean that you will keep it when you file for divorce.
    Property Division in a Georgia divorce case is a complicated matter. Property can be determined to be a marital asset, subject to equitable division, for many reasons, even if it originally came into the marriage as a separate asset. Complicating matters even further is that an asset determined to be a separate asset is still not safe in a divorce because it can be used as the basis of spousal support or lump sum alimony awards, even though the property itself is a separate asset and cannot be awarded as part of the equitable division of assets.
    You need an experienced family law attorney to discuss all of the facts of your case with you, and to advise you regarding the total divorce experience.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.


  2. I believe an inheritence is considered separate proeprty. However, if the inheritance, when received, was put into a joint account, or used to purchase joint goods, it could lose its status as separate property. Even if you do not file for divorce (or don't plan to do so any time soon) you should speak to an attorney who can explain what your rights are to that inheritence and how you can protect it as separate property.

    This is not intended to be legal advice or create an attorney-client relationship. If more information is needed, you should consult with an attorney in your state regarding the specifics of your situation and the options available to you.


  3. There is no such thing as community property in Georgia. Georgia does what is called equitable distribution of property. As a general rule, unless you make any missteps you can retain inherited property. Comingling of assets can change that, so see a lawyer now to properly protect yourself.

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