A gavel dividing silhouettes of a couple with their children, house, and car.

What Does “Equitable Distribution” Mean in a Georgia Divorce?

It’s no secret that divorce can be a stressful and confusing situation. Not only do you have to handle the emotional burden of dealing with a divorce, but the practical and legal sides of divorcing your spouse can add a lot to your plate. Whether you and your spouse are planning on selling your property, buying shares from one another, or retaining joint ownership, the exact logic of the division of assets during a Georgia divorce can be tricky to navigate. If you and your spouse can’t agree on how to divide your assets, then you can submit your case to a Georgia court, where your property will be divided according to stat laws and the discretion of the court. Georgia is an “equitable distribution state,” which means that the division of assets in court rarely ends in a 50/50 split. Instead, asset division is unique to every couple’s situation. Here is a guide with everything you need to know about equitable distribution of assets during a Georgia divorce.

A gavel dividing silhouettes of a couple with their children, house, and car.

Equitable Distribution in Georgia

As stated above, equitable distribution determines how Georgia courts divide property during divorce proceedings. These rules are in place to ensure that assets are divided between spouses as fairly as possible, rather than in an even 50/50 split. This means that the divorce court will examine the contributions and the situation of each couple in order to determine the fairest way to divide the property. In this situation, we recommend that you seek legal counsel to represent your interests and guide you through this process.

How Do Georgia Courts Divide Assets Equitably?

The first thing that a Georgia court will do when dividing property in a divorce is classify any property in question, such as real estate, vehicles, 401k assets, etc. as either marital property or separate property. Marital property includes any assets accrued during the marriage, or any asset which received significant contributions from both spouses. These will be the assets that are divided in court. Separate property includes assets that were acquired by one spouse individually before the marriage, which means that they only belong to that spouse, and it is unnecessary for the court to divide them in a divorce. However, the differences between marital and separate property are complicated and can be disputed in court, so work with your divorce attorney to ensure that you know how your assets classify.

Once the divorce court has determined what is marital property and what is separate property, they will look at a number of factors in the couple’s situation to decide the fairest way to divide the marital assets.

Factors that impact the division of marital property

  • The total value of the property, accounting for any equity, mortgage debts, and property taxes in terms of real estate assets
  • The financial circumstances of each partner, including alimony awarded to either or any existing debts
  • The income and earning capacity of each spouse
  • Contributions to the marital home by each partner, both physical and financial
  • The age and physical and mental health of each partner
  • The amount of time each partner will have custody of any children
  • The couple’s reasons for the divorce or separation
  • Any wrongful conduct by either spouse which resulted in the waste of assets

Based on these factors and the evidence presented by the couple, the divorce court will determine how to fairly divide the marital assets between the spouses. This will likely not be a physical division. Rather, the court will determine through the equitable distribution laws what percentage of assets each spouse will receive after the divorce. The court may also order the liquidation of assets and a division of the funds, if necessary, which may leave you and your spouse looking for a quick way to sell your house so you can divide the proceeds and move on. That’s where we come in.

Sell Your House Fast During Divorce in Georgia

You and your spouse can get a cash offer and close on your house within a week with the right company. We Buy Houses In West Georgia makes cash offers on properties as-is in any situation. Whether you and your spouse are selling your house following divorce court proceedings or trying to avoid going to court altogether, we can pay cash for your house so you can split the profits and move on.

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We Buy Houses In West Georgia is a local homebuying company that makes fair cash offers on properties as-is. No matter your situation, we can help you offload your property as quickly as possible. Our process eliminates the hassle of the traditional home-selling process, allowing you to sell your house and move on, worry-free and with cash in-hand.

If you want to learn more, we invite you to visit our How It Works page. Here, we offer full transparency about our homebuying process, including details about exactly how we calculate our offers. You can also check out Our Company page to get to know our team, our credentials, and our experience. Fill out the form below to get a no-obligation cash offer started now!

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