How to know what property is subject to Equitable Division by the divorce courts in Georgia
This will help you determine what property is eligible for distribution in a divorce, and what property is protected from that procedure. Also, this will help you predetermine these categories prior to a marriage.
What is Marital Property?Any property, real or personal, that is acquired during your marriage can be marital property. The exception to that would be property acquired by either party through inheritance or third party gifts.
What is Seperate Property?Any property, real or personal, that was owned by either party prior to the marriage, or acquired during the marriage by third party gift or by inheritance, is separate property, and not subject to equitable distribution.
How to change the designation of marital or separate property.A premarital agreement executed prior to your marriage can change the designation of property for the purposes of equitable distribution. You can designate separate property as marital, and marital property as separate, simply by putting that provision in your premarital agreement.