The Hampton Law Firm

How is property divided in a divorce? One of the main issues to be determined in a divorce proceeding is how does the property get divided. I’ll attempt to give an overview of the law in this area, although these issues can be complicated and require a more comprehensive examination. The term property can include real property (i.e., land), tangible property (i.e., cars, furniture), or intangible property (i.e., bank accounts, money). One of the first questions to be asked ...is whether the item of property is marital or separate. A separate item of property means that it belongs to one particular spouse, with the other having no interest. Typically, this is limited to those items of property that were brought into the marriage, or that were gifted specifically to one spouse, or obtained by inheritance. Other items that were purchased together by the couple are generally considered as marital property. Separate property would remain in the possession of that person with possession prior to the divorce. The other spouse does not necessarily obtain any kind of interest just by being married. As to marital property, it is subject to equitable division in a divorce in Georgia. That simply means it is divided equitably, or fairly. There are many factors that can go into equitable division, including which party contributed the most to acquiring, or keeping up, that property. Also, factors such as length of marriage, fault of the separation, conduct of parties during the marriage, can all be used to determine who obtains use of the property. In short, there are no specific, bright-line, rules, although a good lawyer should be able to help you frame the facts in such a way to present your best argument. One other thing to consider is that typically debt will be handled the same way, meaning debt can be separate or joint. Unlike property, however, you will likely need a lawyer to argue the marital debt doesn’t belong to you. Disclaimer: this is not legal advice, and is only for informational purposes. If you have a more specific issue, you should contact your own attorney for further advice.

Wanted to share a good result in court this morning and offer a little advice for those who may face a collections company trying to collect a debt. I represented a debtor being sued for a deficiency judgment after having a car repossessed. We turned down a settlement proposal even after they offered to cut the debt in half. In court, the Judge agreed with us that the finance company did not have sufficient proof of their claim, specifically that they they didn't have a witne...ss from the company there to establish key elements of their case. My clients and I were very happy to have the judge say case dismissed. If you, or anyone you know has been sued for collection of a debt, there may be ways to compromise the claim, and in some circumstances, even have the case dismissed. Feel free to give me a call to discuss if you have a similar matter.