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Will My Property Be Classified as a Marital Asset?


The state of Georgia is considered to be an equitable division state. This means that during divorce proceedings all property from the marriage will be divided in a fair, and equitable manner, rather than simply splitting the marital estate in half. In such cases, the court will strive to award assets, debts, and property to each party according to their needs.

The court will also take into consideration whether or not the property was separate property, i.e. property that was owned prior to the marriage, or it was marital property, i.e. property that was acquired during the marriage. Even property that was obtained separately, yet during the course of the marriage, can be considered as marital property and thus be equitably divided between the two parties.

The only exception to this is inheritances and gifts that were specifically given to one spouse or the other. It should be noted, however, that if any remodeling, modifications, or improvements were made in order to increase the value of a separately owned property, that increase of value could be considered to be part of the marital assets.

One of the most optimum ways to protect your personally owned property, and other personal assets, during divorce proceedings, is to contact the firm and speak with one of their skilled Paulding County divorce attorneys. The attorneys at the firm are former prosecutors who have extensive experience representing clients in all kinds of divorce-related matters.

They have an in-depth understanding of what the judge and court will be looking to accomplish, and therefore they are better equipped to advocate for your rights and help you protect your assets. If you are filing for divorce in Paulding County, Georgia it is in your best interest to have an aggressive divorce lawyer defending your rights. Contact Henrickson & Sereebutra today in order to discuss your needs and review your legal options.