Legal Question in Family Law in Georgia

What about propeties after divorce?..

I was married in New York 12 year ago, I live in Georgia, have 2 children, I have been separeted from my husband, we still friends I have the kids, he gives me childsupport and I let him have the kids on weekends, my question I have 2 houses under my name only, I bought them after I got married, my mom helped me,..I am selling one of them at this moment, and I live at the other one, If I sell the house and put the money under my sav/cheq acc. Do I will have to give him something or could I loose my house If he fight for it, even if my mom helped me to buy them and they are only under my name?...We have no problems regarding childsuppor or custody,..but I am worry about this matter...thank you so much...and have a happy thanksgiving...


Asked on 11/19/02, 3:17 pm

1 Answer from Attorneys

Eric Ballinger Ballinger & Associates

Re: What about propeties after divorce?..

Any equity you may have in either of the houses purchased since you got married may be subject to equitable division. Once the house sells, the key determinative factor is the source of the funds which provided the equity in the home. Money that came from one party or another as a gift is not subject to an equitable division, so the help from your parents would not be subject to division with him. Equity increase due to payment of the mrtgage and economic forces during the marriage would be subject to division.

The real thing is that there is no divorce filed now and no action pending. If you sold the house, he would need to pursue the action by filing a divorce and the funds may be subjected to division at a later date by the court.

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Answered on 11/20/02, 11:29 am


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