Couples who go through a divorce are required to separate their lives from one another. In doing so, they must divide their assets between the two of them. This can be complicated, especially when the two own a house together. When facing a divorce, couples often wonder what will happen to their home. Usually, a house is considered marital property. This means that it is subject to equitable distribution in a divorce and will be fairly divided between spouses. During this time, it can be helpful to retain the services of an experienced attorney.
Marital property is classified as anything that is bought or acquired during the marriage. It is because of this that if a couple buys a home together after they are married, it is marital property that can be equitably distributed. However, it is important to know that if the house was bought before the marriage and the other spouse’s name was not put on the title, it is not marital property. It is then classified as separate property and is not subject to equitable distribution.
When a house is distributed equitably during a divorce, it does not mean that the property is divided equally. Instead, it means that it is divided in a way that is fair and just to both former partners. There are three ways that a home can be equitably distributed between couples in the state of Georgia:
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