Barrow County Property Division Attorneys
Protecting Your Fair Share in Jackson, Walton, Gwinnett, Oconee, Clarke, Hall, and Banks Counties
Everybody has stuff, and some of that stuff is valuable or sentimentally important. In a divorce, you and your spouse will need to decide who gets what. If you cannot decide, a family court will decide for you. A Georgia judge only has to divide property “fairly” and not necessarily evenly. In practice, this means that you could end up getting the short end of the stick in a “fair” division of property.
At the Mitchell & Crunk Law Firm, we are determined to ensure your property stays your property. Our Barrow County property division lawyers will analyze every contested asset and show the necessary evidence and reasoning for why it is yours and not your spouse’s. Our team is extensively familiar with how “fair” property division is handled in Georgia and can leverage our understanding of the rules and processes to protect what is most important to you.
If you are concerned about unfairly losing assets in a divorce, do not hesitate to call (678) 701-6252 or contact us online. Payment plans are available.
Understanding Separate Property versus Marital Property in Georgia
In the state of Georgia, your assets will be considered either “separate property” or “marital property.” Separate property is not subject to division in a divorce, but all marital property is fair game and will be equitably divided.
Separate property generally consists of:
- Assets acquired before the marriage began
- Assets acquired after the marriage ended
- Assets received via lifetime gifts
- Assets received via inheritances
- Assets named as separate property in a prenuptial agreement
Marital property consists of any assets that were acquired during the marriage. It does not matter who technically purchased the asset or whose name is on the title or ownership documents. If either spouse procured the property over the course of the marriage, it most likely counts as marital property. Note that each spouse’s income earned during the marriage is also considered marital property.
You may be wondering if you will get to keep your house or vehicle, especially if you ostensibly purchased it with your own money. Every situation is different, but the answer will generally depend on when you obtained the asset and what resources you used to pay for and maintain it. For example, if you already owned a family home and brought it into your marriage, it is likely considered separate property and thus something you can keep so long as you do not use marital resources to pay for upkeep or improvements.
Many property division disputes arise from disagreements over whether an asset is considered separate property or marital property. Separate property can in some limited circumstances become marital property if it commingles with marital property or if your spouse invests marital property into a piece of separate property. For example, your spouse could argue a home that was once considered separate property should now be considered marital property because they invested their own resources into refurbishments that led to an appreciation in value. Our Barrow County property division attorneys can evaluate your holdings and advise on the likely status of contested assets.
How Equitable Division Works in Georgia
All marital assets will be equitably divided in a Georgia divorce. Again, this does not necessarily mean that property will be split down the middle. The judge assigned to your case will assess numerous factors when determining what they consider to be “fair.” There are no set formulas, leaving an enormous amount up to the judge’s discretion.
When considering how to divide marital property in a divorce, a Georgia judge will consider:
- The separate property of each spouse
- The current financial circumstances of each spouse, including income, earning capacity, and debts
- The anticipated future needs of each spouse
- Spousal support awards
- Misconduct that led to the dissipation of assets
- Any history of spousal abuse or other types of misconduct during the marriage
You deserve to keep property that is irrefutably yours under the law. You also deserve an equitable division outcome that is truly fair and reasonable. Our Barrow County property division lawyers will fight for your interests throughout every step of the divorce process. At the Mitchell & Crunk Law Firm, we are determined to help you write your family’s next chapter and will do everything possible to ensure you have the resources you need to do so.
Schedule a free initial consultation to learn more about how we can advocate for you during the equitable division process. Contact us online or call (678) 701-6252 to get started.
Put an Experienced Team in Your Corner
If you have found our website, chances are you and your family are going through a difficult moment. Our team welcomes the opportunity to assist you and is determined to make a positive difference in your life. When you come to us for help, our Barrow property division lawyers will listen to your concerns, identify the legal issues involved in your case, explain the law to you, and provide the effective legal counsel you need to succeed. Our track record speaks for itself, and we encourage you to review our testimonials to learn more about what our clients think of our family law services.
Call (678) 701-6252 or contact us online to discuss your case with us. Payment plans and same-day appointments are available.
“Couldn't have been happier!”
“Mitchell and Crunk was very diligent throughout my whole process. And I couldn't have asked for a better outcome in my case.”
“He genuinely cared about my case first and myself as a client. He was so thorough with the case and actually listened to me and cared. He is also very descriptive and helps you really understand your case with such an honest tone.”
“I met Matthew Crunk and he was just amazing. He listened to me, was very understanding of my situation and very thorough on explaining everything to me.”
“The environment was welcoming and the staff was very polite. Misty was more than happy to help me and provide me with answers to all of my questions during our consultation.”
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