Georgia Marital Property vs. Separate Property
In Georgia, all property that is divided in a divorce is categorized as either marital property or separate property. Once the property has been properly categorized, a judge or jury will divide the marital property through a process called equitable division.
Determining Marital Property & Separate Property
As a general rule, property that was owned prior to the marriage will be deemed separate property, and property that was acquired during the marriage will be categorized as marital property.
However, there are many exceptions to this rule. For instance, if one person brings property into the marriage but the other spouse improves or sustains that property, it could be deemed marital property.
Determining which category a particular piece of property will fall under takes careful analysis and consideration, and it is important to have legal counsel that can make arguments on your behalf and ensure that property is classified properly.