Legal Question in Family Law in Georgia

My spouse and I are getting divorced. He will likely file bankruptcy. He has incredible debt as he was/is an addict. If I am awarded our property, will the collector's be able to take it from me?


Asked on 5/18/14, 7:52 pm

1 Answer from Attorneys
Rachel Hunter

No, not if there are no judgments against your spouse prior to the entry of the divorce decree. Once you are divorced there is no problem.

Georgia is not a community property state (there are only 9 of them and most of them are out west except for Louisiana). In community property states, the innocent spouse is liable for the debt. They are not in equitable distribution/common law states unless they are also a co-borrower or debtor.

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Answered on 5/20/14, 11:20 pm


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