Who Keeps the House in a Divorce in Georgia?

When it comes to property division during divorce, Georgia is an equitable distribution state, meaning the court will divide assets equitably between the spouses. Given this, how is a marital home divided fairly? How do you determine who gets the house? Here’s an overview of what happens to the house during and after divorce in Georgia.

Does a Spouse Have to Move Out During Divorce?

While divorce proceedings are ongoing, it’s common for a spouse to want the other to move out of the marital home. However, the house remains marital property until a court order says otherwise. This means both spouses have the same rights to the house and one cannot kick the other out while divorce is not yet final.

An exception to this is if one spouse alleges domestic abuse and files for a protective order with a motion for exclusive possession of the house. If the court grants this order, the other spouse will need to move out of the home even if the divorce is still pending.

Will the House Have to be Divided in Divorce?

We need to first determine whether the house is separate property or community property. Separate property are assets that each spouse solely owns, such as inheritance and things they bought before they got married. These assets cannot be divided in divorce and remain the sole property of the owner. Meanwhile, community property are assets that both spouses jointly own, including things they bought during their marriage.

If the couple bought their marital home during marriage, it is community property even if only one name is in the title. Likewise, if one party bought the house before they got married but the other contributed to it in other ways, such as through renovations, the home may become community property and eligible for division.

Who Gets the Marital Residence in a Divorce in GA?

There are several ways to determine how the marital home is divided or who gets to keep it.

One is if the couple comes to a mutual agreement as to how they’ll settle the property. They can then submit their agreement to the judge for the court’s approval. Similarly, if the couple has a prenuptial or post-nuptial agreement specifying how to settle the property, this agreement will likely take effect upon divorce.

In some cases, if one spouse wants to keep the home, they may get the other party to agree by buying out the other party’s rights to the house or giving them other assets of equal value. Other assets may include cars, 401k funds, savings, jewelry, and other valuable items.

If the spouses cannot agree between themselves and the divorce goes to trial, the court will have to decide on what happens to the marital residence. The judge may order that the home be sold and the proceeds divided equitably between the parties. Or the judge may award the residence to one spouse, especially if that spouse has child custody. In this case, the court may award other assets to the other spouse to make the property division equitable.

If you have concerns regarding the division of your marital home in Georgia, it’s best to reach out to an experienced divorce lawyer to protect your rights as early as possible.

Contact a Georgia Divorce Lawyer

With two decades of experience, Attorney Sharon Jackson has earned the trust of many Georgians dealing with complicated divorce matters. Through Ms. Jackson’s skilled representation and in-depth familiarity of Georgia law, clients have obtained favorable results even in complex issues regarding property division. Consult with Ms. Jackson about your case today by calling (678) 909-4100 and schedule a consultation.