Dividing a Home in Divorce Atlanta
Modern-day divorces at least attempt to be egalitarian in dividing the properties.
Keep in mind that Georgia is an equitable distribution state. You will want to get an Atlanta equitable distribution attorney to help you with the fine details, but here it is in broad strokes.
Who gets the house in the divorce in Georgia?
Generally, the original owner retains the separate property. Marital property is another story. This is equitably split up, but not necessarily equal.
In an ideal case, it would go to whoever wants/needs the house more. Whoever got primary custody of their children gets the house. Selling the house and splitting the proceeds is an acceptable way to go.
If one party insists on keeping the house, they must pay the other party half of the house’s equity based on percentages of what the parties’ individual incomes are.
What if we bought the house together?
In this case, the house is marital property.
A marital property attorney in Atlanta could help you with the following factors in deciding how to fairly and equitably divide marital property.
- The financial status and separate assets of each spouse
- Any sort of alimony awarded to either spouse
- Each spouse’s earning capacity and income
- How did you treat each other? (Be honest)
- Wasted assets on behalf of the wrongful conduct of either spouse
- Future needs of either spouse (retirement, college funds, medical bills, etc.)
- Debts owed by either spouse
What is Georgia’s principle of equitable distribution?
The equitable distribution strategy in Georgia refers to the equal division of any property accrued during the marriage in the event of a divorce. The judge makes this decision if the two parties cannot agree.
In Atlanta, dividing a home by a divorce attorney will help you argue your case before a judge. An Atlanta divorce attorney will help you figure out what your legal rights are and get you what you deserve.
What is considered when dividing assets?
Dividing assets in a divorce can be difficult, on both practical and emotional levels.
An Atlanta divorce lawyer or two could help mediate such a case. Keep these following steps within consideration.
- List all jointly owned items and what they’re worth.
- Decide logically who should own each item.
- Get approval from the judge.
You may find these simple-sounding steps to be easier said than done. That’s what divorce lawyers in Atlanta are for. If you need any help in figuring out what costs what and who owns what, divorce attorneys in Atlanta can point you in the right direction.
Attorneys in Fuller Law Group
Being in an equitable distribution state like Georgia tries to make divorce fair but it is by no means easy!
Fuller Law Group will listen to your individual needs and help you get a better understanding of the legal process and how it pertains to your situation. Their guidance and advocacy will help you through this very difficult time.
If you want a fair shake in your divorce, call the Fuller Law Group today at 404-765-6445.