Divorce - Who Gets The House In A Divorce In Georgia? Top 7 Things To Know!

Dated: July 31 2023

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Who Gets the House in a Georgia Divorce? (aka Who Bags the Castle in a Georgia Divorce?)

Let’s Dish the Divorce Dirt!**


Dividing assets in a divorce can feel like sharing candy with a sibling - a tad bit bitter, lots of quarrels, and no one wants to part with the sweetest piece. But when it comes to the question, "Who gets the house in a Georgia divorce?" we're talking King-Size candy bars, my friend. So, let's peel back the layers of Georgia's divorce laws and equitable distribution like an onion, hopefully without the tears!


1.  Understanding Georgia Divorce Laws: It's Not a Peach


First up, Georgia is an "equitable distribution" state. This doesn't mean everything is split down the middle like a perfectly shared dessert, oh no! It's all about what's "fair", or "equitable". But remember, equitable in court doesn’t necessarily mean equal - just like my Grandma's claim that she loves all her grandkids equally.


2.  Property Division: The Divorce Dance


When it comes to divvying up the goods, Georgia courts separate the marital potatoes from the separate beans. Marital property is all the stuff you both accumulated during the marriage, even if only one of you has your name on it, kinda like putting your name on the last piece of pie in the fridge. Separate property, on the other hand, is what you brought into the marriage or anything you received as a gift or inheritance, which is basically your secret stash of cookies.


3.  Property Division Influencers: Who Played the Best Game


When dividing assets, courts look at factors like each spouse's financial health, the length of the marriage (how long you were able to put up with each other), and contributions to the marriage - financially and non-financially (yes, cleaning up your spouse's messes does count!).


4.  The Great House Debate in Georgia Divorces


Now, who keeps the castle and who needs to build a new one? There's no one-size-fits-all answer. The court plays matchmaker here, looking at factors like kids' wellbeing, each person's ability to afford a new castle, and who paid the most for the castle's bricks and mortar.


5.  Wait, I Swear My Name is on the Deed!


Well, even if your name is the one gracing the house title, if the castle was purchased during your reign together, it's likely to be seen as marital property. So yes, your spouse may still get a room or two.


6.  The Georgia Divorce Goodie Bag


In a Georgia divorce, typically, a spouse gets a 'fair' slice of the marital property cake, but the separate property is your own secret recipe. Factors like how long the marriage clock was ticking, how well you both danced the marriage dance, and what each person brought to the marriage potluck are all part of the deciding mix.


Joking aside, this stuff can be as confusing as a badly written recipe. So, having a seasoned Georgia family law attorney can help protect your rights and ensure you don't end up with the short end of the stick (or house, in this case). They'll guide you through every step, making sure you understand your rights and options, just like a guide in a corn maze.


Remember, while laws give a general map, each divorce is as unique as a snowflake, or a fingerprint, or a...you get the point. So, the more you know, the less likely you'll slip on a legal banana peel.


7.  Realtor & Lender Divorce Specialist


Having a real estate professional and lender who specialize in Divorce is also critically important. Without it would be like going alone through the fire swamp in The Princess Bride. Inconceivable! We are experienced in the common mistakes spouses make during these highly stressful and difficult times and will make sure you avoid the “three terrors” of the Fire Swamp (aka Divorce) and ensure make truly informed decisions regarding the marital home(s) prior to the property assets division being finalized. Protecting you and your future credit!



Call or Text Today 678.750.4447

CLICK HERE Schedule a FREE no obligation consultation.



*Disclaimer: This blog post is more comedy club than law firm. For advice related to your specific, no-doubt unique situation, please consult a professional who passed the bar.

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