Perhaps nothing provokes more arguments during divorce than dividing real property. The family home quickly becomes an area of unnecessary contention. When you have concerns about divorce and real estate in Georgia, contact the Fulton County law firm of Salata Law, in Alpharetta. Our attorneys can answer all your questions.
If You Owned Property Before You Married
Real property can be divided if it is part of the marital estate. Obviously, if you and your spouse purchased a home together, it is part of the estate. However, if you owned property before you married and your spouse helped to increase its value during the marriage, it will also be included in the estate. If your spouse did not contribute to its increase in value, it will be treated as separate property.
How Judges Make Property Division Decisions
When it comes to the family home, judges look at how the house was used. If you have children living at home, the court usually favors the spouse who has primary custody of the kids. The other spouse may get a larger share of other assets as compensation. In high-asset divorces, one of you may keep the house while the other gets the vacation home. If you purchased the home with separate funds and there are no children to worry about, you may keep the home and ask your spouse to move out. Sometimes, couples with children agree to sell the house and divide the profits.