Georgia  |  Family Law

Legal Question

Asked on: 9/02/13, 2:50 am

do I get to keep my house if the house is in my name only

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Answered on: 9/02/13, 11:38 am by Tahira Piraino

You have failed to provide sufficient information to adequately respond to this question. All property and assets obtained during the marriage, regardless of title, are marital property. There are factors which play into each parties equitable share, but this requires more information than you have provided. I urge you to consult with a family law attorney who can obtain the information required to provide you the legal advice you need. I do not suggest moving forward with any action involving property without an attorney.


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Tahira P. Piraino 3774 LaVista Road, Suite 101 Tucker, GA 30084

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Answered on: 9/03/13, 6:28 am by Robert Gardner

While Georgia is not a community property state, the trier of fact in a divorce case (either a judge or jury) is tasked with making an "equitable division of property". Several factors go into who gets what and why, and the fact that the house was owned by you prior to the marriage tends to be a big factor in your favor. However, there are several other factors which can come into play, so you need to sit down with a family law attorney and give them all of the relevant facts so that they can give you an informed opinion about what you are looking for.


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Hicks, Massey & Gardner, LLP 53 W. Candler Street Winder, GA 30680

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