Carrollton Property Division Lawyer
Kierston M. Phillips, P.C., handles property division cases in Carrollton and Carroll County. Attorney Kierston is straightforward, prepared and focused on results. She tells you what to expect, not what you want to hear. Divorce divides more than a marriage. It splits your home, your savings and your financial future. You need a Georgia property division attorney who fights for a fair result for your family.
How Property Division Works In Georgia
Georgia follows equitable distribution in divorce cases. A court divides marital assets based on what is fair given the specific circumstances of the case. Fair does not mean equal, and unlike community property states that presume equal division, Georgia courts have more flexibility in distribution.
State law also recognizes two categories of property in a divorce: marital and separate. Marital property includes assets and debts either spouse acquired during the marriage, while separate property is what one spouse owned before marriage or received through inheritance or gift. That distinction matters because not everything goes on the table.
Georgia courts generally treat the following as separate property:
- Property owned before the marriage
- Inheritances received by either spouse
- Gifts from a third party to one spouse
- Personal injury compensation for pain and suffering (lost wages may be marital property)
- Assets protected by a valid prenuptial agreement
Commingling occurs when separate assets mix with marital funds. Depositing an inheritance into a joint account or using premarital savings toward a shared mortgage may strip an asset of its protected status unless properly traced.
Factors Georgia Courts Consider When Dividing Assets
Georgia courts weigh several factors before dividing property. The court considers:
- Duration of the marriage: Longer marriages typically involve greater financial entanglement
- Financial status of each spouse: Income, debts and earning capacity all factor in
- Contributions of each spouse: Courts weigh financial support and nonfinancial contributions, like caregiving
- Wrongful conduct: Dissipation of assets, such as gambling or reckless spending during separation, counts against a spouse
- Future financial needs: The court considers each party’s long-term economic situation
Who gets the house is the most common question in a Georgia property division case. Courts weigh which spouse has primary custody, who can carry the mortgage and how the home fits into the broader asset division. Depending on those factors, a judge may order a sale, approve a buyout or grant deferred possession to the custodial parent.
What You Built Deserves Protection
You put years into what you have. Kierston M. Phillips, P.C., brings firsthand knowledge of Carroll County courts, and she is accessible when you have questions. Call the firm at 678-394-0521 or fill out the contact form to schedule your consultation.