If You Divorce, Who Gets the House?

best divorce attorney

It’s estimated that there are nearly 700,000 divorces each year. Even when divorces start amicably, they can quickly get combative when it comes to things like child custody and asset division.

This is particularly true when it comes down to issues like who gets the house. If you aren’t careful, you could end up with the short side of the stick when it comes to real estate assets.

However, with the help of the best divorce attorney in Augusta, you can ensure that both you and your spouse get an equitable deal.

In this guide, we’ll explore the issue of who gets the house according to Georgia law, as well as some tips when dividing the property.

What’s the Difference Between Separate and Marital Property?

To learn how property is divided up in Georgia you first need to know the difference between separate and marital property. Separate property and assets refers to anything acquired by a spouse before the marriage took place.

On the flip side, marital property and assets refer to anything that was earned or acquired by the couple during their marriage together. It’s important to note that it typically doesn’t matter if the marital property is in one spouse’s name, or if one spouse paid for it.

It’s still considered marital property that needs to be divided. Separate property, on the other hand, doesn’t need to be divided. We should also note that there are certain exceptions for separate property.

In some cases, assets acquired during a marriage might be considered separate. One example of this is if a spouse inherits property throughout the marriage. This property is separate and doesn’t need to be divided in the divorce.

How Is Property Divided in Georgia?

In a community property state assets, including property, are divided equally (50% for each). However, Georgia is not a community property state. Instead, they operate under equitable distribution laws to determine who gets the house.

That means that it requires a fair distribution of the assets. It’s important to note that fair doesn’t mean equal. Indeed, in most cases, it doesn’t. Instead, when you file for divorce your lawyers and the judge will look at a variety of factors to determine who should get the property.

Some of these factors include:

  • Other assets that both spouses might have
  • Whether or not alimony is involved
  • The income of both spouses
  • The conduct of both spouses
  • Potential future needs for one or both spouses
  • Any debt accumulated between the spouses

Typically, one spouse will be given the property. However, if it’s determined that either spouse can’t pay for the property, then it will need to be sold.

Check out this guide to learn more about how other types of marital property are divided in the state of Georgia.

Do You Need to Go to Court to Divide Property?

If both sides can’t agree, then the courts will need to decide how property is divided. However, this isn’t ideal. Courts look at cold hard facts. As such, they can miss a lot of the nuances that come with the end of a relationship.

The good news is that it doesn’t need to be this way. If the couple can come up with a written divorce settlement agreement on how to divide the house, they can keep the divorce out of the courtroom.

This can be challenging, but with the help of a mediator, it’s not impossible. However, you will also need to come to a consensus on things like child custody as well.

This route will likely save you a lot of money down the line since court and lawyer costs can be quite expensive.

How a Divorce Attorney Can Help You

There are multiple reasons why you’ll want a divorce lawyer to help you divide your property assets. First, you need to know which assets count as marital property and which ones should be considered separate.

A divorce attorney can help you narrow down what you’re entitled to. Then, they’ll ensure that you get an equitable share through careful negotiations. It also needs to be decided whether someone will live in the house, or whether it’s sold and divided.

In some cases, you may want to live in your house, but you might not have the income to pay for the mortgage or property taxes. A lawyer can advise you on the best options. There’s also the issue of hidden assets.

Some spouses might try to keep certain financial assets hidden from you. That way, they don’t have to divide them in court. A divorce attorney can help you uncover these potential hidden assets.

How to Find the Best Divorce Attorney

You need a divorce attorney with experience for your divorce case, especially if it’s contested. Not only that, but you need to trust their judgment on what’s best for your financial situation and family. So how do you find one of these individuals?

A quick Google search is usually a good place to start when hiring a lawyer. Make sure to check their online reviews to see what the average client thinks of them. From there, you should schedule a consultation with them.

We recommend these nine questions to get a better sense of who they are and how much they can help you.

Remember to go with your gut too. As we mentioned, you need to be able to trust your attorney. So if anything feels off, don’t be afraid to search for another one.

Ready for the Legal Help You Need? Contact Blake and Detchemendy Law Firm

We hope this guide helped you answer the question, If you get a divorce, who gets the house? The answer to this question depends on whether the property was acquired before the marriage or after it.

With the help of the best divorce attorney, you can ensure that this division is fair and equitable. Here at the Blake and Detchemendy Law Firm, we know how stressful divorces can be.

That’s why we use our extensive expertise to take some of the load off your plate. So contact us today to get the help that you need.