Serving the Metro Atlanta Area

Property Division In Divorce

During the marriage, parties acquire assets and liabilities. "Equitable division" refers to the determination of which party will take which property and pay which debt. "equitable" refers to a fair solution based on the facts and circumstances of each case.

Any property or debt acquired during the marriage, except by inheritance or gift to one party alone, is subject to equitable division. "Title" or the name in which property is being held is generally irrelevant. Who paid which debt is usually immaterial as well.

Retirement plans, IRAs, 401Ks, real estate, cars, furniture and dishes are all subject to equitable division.

Unless one party owned the property alone prior to the marriage, it is subject to division. The same is true for mortgages, car notes, credit cards and any other outstanding obligation.

Obligations to third parties, such as banks and credit card companies, are not effected by the divorce. As a result, it is possible that you may owe the credit card company for a debt even though the Court has ordered your ex-spouse to be responsible for that debt. It is always best to have your ex-spouse refinance or payoff a debt as quickly as possible to protect yourself.

For assistance in property division issues please contact our office to schedule an appointment.

Superior Court Locations

Cherokee County
90 North Street
Canton, GA 30114
Directions & Information

Cobb County
30 Waddell Street
Marietta, GA 30090
Directions & Information

DeKalb County
556 N McDonough Street
Decatur, GA 30030
Directions & Information

Fulton County
136 Pryor Street
Atlanta, GA 30303
Directions & Information

Gwinnett County
75 Langley Drive
Lawrenceville, GA 30046
Directions & Information

Paulding County
240 Constitution Blvd.
Dallas, GA 30132
Directions & Information

About Retirement Funds

Division of retirement accounts, such as 401Ks and IRAs should not be handled without legal assistance. Unless a Qualified Domestic Relations Order (QDRO) is entered, any disruption to the account may invoke serious tax consequences.