Division of Property
Should I Put My Spouse’s Name on the Property Title?
An innocent, and often loving, act done by a husband or wife is to add their spouse’s name on the title to a home or other real estate property. Although it seems innocuous, in Georgia it may have some very real consequences in a future divorce filing. The first thing to understand is that, in…
Read MoreFraudulent Conveyance
In divorce law in Georgia sometimes a spouse will try to convey (give away or sell) property such as a home or stock, or the rights to a patent, or any piece of property, to keep it from their spouse should they ever divorce. Often this sale of property will be to a family member…
Read MoreAre Gifts to a Spouse Still Considered to be Marital Property?
The attorney you retain makes a big difference in many divorce cases. I have seen this repeatedly, as I am often the second or third attorney on a case trying to fix the mess that preceded me. One of the reasons: the law is complicated and not as straightforward as it looks on the surface.…
Read MoreSplitting Up: Can I Keep the House in a Divorce?
In the state of Georgia, estates are divided equitably in divorces. The house is often the largest marital asset in a divorce. It’s possible that a house can be all marital property, partially marital and partially nonmarital property, or all nonmarital property, depending on the circumstances. How it is categorized is extremely important to the outcome of the…
Read MorePets are Family: Shared Custody of Pets
There is no doubt about it: pets are family. It’s estimated that households in the U.S. will spend $99.0 billion on their pets, including treats and food, vet care, and other services. But what happens in the event of a divorce or breakup when precious family pets, such as cats or dogs, are loved and…
Read MoreIs My Spouse is Concealing Assets?
Financial infidelity is regrettably common in marriages, especially when one partner is not involved with paying bills, managing cash flow, or working with the financial advisor. When the marriage ends in divorce, the spouse who handled the finances often tries to hide cash and investments and falsify debts and expenses. If you have always left…
Read MoreMy Husband Inherited a Family Business During Our Marriage. Do I Get Part of the Business if We Get Divorced?
As a general rule, Georgia law considers marital property to be any property obtained by either spouse during the marriage. Marital property therefore can be divided between the spouses during a divorce. Separate property, on the other hand, is usually property that one spouse acquired prior to the marriage. While this distinction seems to be…
Read MoreAm I Responsible for My Wife’s Student Loan Debts?
Debts and property are only subject to division during a Georgia divorce if they qualify as marital property, or property that was obtained by either party during the marriage. Marital property is subject to equitable division in a divorce. However, separate property, or property obtained by either party prior to the marriage, is not subject…
Read MoreWhat Are the Different Types of Pensions?
There are many different types of pensions, all of which may be subject to division in a Georgia divorce, provided that all or part of the pension is marital property. This typically means that the pension accrued at least some value during the parties’ marriage. A pension whose value was earned or accrued prior to…
Read MoreWhat Are the Different Types of Stock Options?
In very general terms, a stock option is a right that a corporation gives to an employee to purchase a certain number of shares of corporate stock for a set price during a specific period of time. Corporations often offer their employees stock options to give them special incentives to remain with a company, to…
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