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Who Gets The House In A Divorce In Georgia?

Who Gets The House In A Divorce In Georgia - Who Has To Leave The House In A Divorce - Who Gets To Stay In The House During A Divorce

Who gets the house in a divorce in Georgia?

In this article, you’ll learn about:

  • who has to leave the house
  • who gets to stay in the house
  • what about divorce with children
  • what happens to the house
  • do you have to sell the house
  • how to split the house

Let’s dig in.

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Who Gets The House In A Divorce In Georgia

The divorce laws determine who gets the house in a divorce in Georgia.  

Let’s talk about the criteria for who gets the house in a divorce. 

Is Georgia A Community Property State

Georgia is not a community property state

Georgia is an equitable distribution state. 

In a community property state, everything is split 50/50. 

Equitable distribution divides assets “fairly,” not 50/50.

Marital Property In Georgia

Marital property refers to property a couple acquires during their marriage. 

Marital property includes assets like:

  • home
  • investment property
  • cars
  • boats
  • furniture
  • artwork
  • retirement accounts
  • investment accounts
  • businesses

When you have marital property, it will get equitably split in Georgia. 

Separate Property In Georgia

Separate property in Georgia is non-marital property:

  • acquired before the marriage
  • acquired after divorce
  • that’s gifted or inherited
  • purchased during the marriage with separate funds

Just because you owned a house before the marriage doesn’t mean it’s separate property. 

Let’s say that you had a joint checking account during the marriage. 

And that you used ANY money from that joint checking account.

The house becomes marital property because you used marital funds to pay for the:

  • maintenance
  • repairs
  • upgrades
  • renovations
  • mortgage
  • property taxes

When marital funds get used on separate property, it becomes marital property.

Related: How Long Can A Spouse Drag Out A Divorce

What Happens To The House In A Divorce?

During a divorce in Georgia, a house will get divided equitably between the spouses. 

If it’s separate property, the house will get retained by the original owner. 

There are several factors that the courts take into account for what happens to the house:

  • education and employability of each party in the divorce
  • spending habits of each spouse
  • earning potential
  • financial needs
  • health status
  • cause of the divorce

The courts will figure out how to split the house in a divorce based on all this information. 

And they will determine what is a fair amount for each spouse to get. 

Related: Does It Matter Who Files for Divorce First

Do I Have To Sell My House In A Divorce

You do not have to sell your house in a divorce. 

Let’s say that you own other property besides the house in a divorce. 

These can be things like:

  • retirement accounts
  • savings accounts
  • extra vehicles
  • investment accounts

When going through a divorce in Georgia, you will equitably split that property. 

You can trade your equity in those properties for the house. 

For example, let’s say that you have $50,000 in your 401k. 

And that your house has $100,000 in equity. 

If you split things equitably, you might sell that house and split the $100,000 in half. 

Instead, you can cash out your 401k’s $50,000 and give your spouse $50,000. 

In return, they would give you their half of the house. 

This is one example of how you can keep the house in a divorce in Georgia.  

But, what if you don’t have enough equity in other property to trade for the house?

In this case, you would have to sell the house in a divorce. 

And you each would get paid your half of the equity in the house.

Who gets the house also depends on if you can afford staying in the house after divorce. 

Related: Penalty For Hiding Assets In Divorce

Can You Afford Staying In The House After Divorce

Can you afford to stay in the house after divorce?

While you’re married, there is normally dual-income paying for the house.

But after divorce, you have to pay for that house on your own if you want to keep it. 

Add up the costs of homeownership:

  • mortgage
  • insurance
  • property taxes
  • utilities
  • HOA fees
  • yard care
  • maintenance costs
  • repairs

If you’re unsure how much that costs, use this cost of homeownership calculator to get an idea. 

Now you have an idea of whether you can afford staying in the house after divorce. 

You have to decide if you can easily afford the house. 

Or if it’s better for you to just sell the house in divorce. 

Related: How Long Does A Divorce Take

How To Split The House In A Divorce

Sometimes you can’t decide who gets the house in a divorce in Georgia. 

And you need to just sell the house. 

So, let’s talk about how to split the house in divorce. 

There are two ways to approach how to split the house in a divorce. 

  • sell the house and split the money
  • one spouse keeps the house and refinances the other spouse off the loan

The easiest way to split the house in a divorce is to sell it and split the money. 

But sometimes one spouse wants to keep the house in a divorce in Georgia. 

They will need to refinance the house to

  • remove the other spouse from the loan
  • pull out 50% of the equity to pay off the spouse NOT keeping the house

Related: How to Leave Your Husband

FAQs About Who Gets The House In A Divorce In Georgia

A lot of our clients are wondering who gets the house in a divorce in Georgia. 

There are several factors that go into that, but let’s look at some common questions we get. 

Related: How To Get A Divorce In Georgia For Free

Who Gets The House In A Divorce With Children

There is no formula or rule to who gets the house in a divorce with children. 

But, let’s say that the mother is getting full custody of the children. 

The judge tries to reduce the disruption to the childrens’ lives as much as possible. 

They want the children to remain in the family home. 

If the mother can afford to staying in the house after divorce, the judge will be in favor of that.

Related: How Long Does A Divorce Take In Georgia

Who Gets To Stay In The House During A Divorce

If both spouses are on title, they can both stay in the house during a divorce. 

As long as there is no domestic violence, the judge wants to keep the family together for the kids.

Staying in the house during a divorce:

  • provides stability for your children
  • means you don’t have to find a new place to live in the middle of a divorce
  • gives you time to list your house and sell it

But, you are able to move out of your house before divorce in Georgia if you want. 

If you are on title, moving out does not eliminate your financial responsibility for the home.

So, if you move out while you’re separated, make sure you pay the bills. 

And get receipts that you are paying just in case you have to prove it later on.

Related: Georgia Child Support Laws for Non Custodial Parents

Who Has To Leave The House In A Divorce

No one has to leave the house in a divorce. 

You have to be separated for a period of time when you are filing for divorce in Georgia

But neither spouse has to leave the house in a divorce.

You can live in the same house and still be separated

The only reasons someone has to leave the house in a divorce are:

  • if there is domestic violence
  • if one spouse is not on the title

Related: Wife Moves Out Before Divorce

Who Gets The House In A Divorce In Georgia

If you want the best divorce attorneys to represent you, fill out the form below.

We have the experience needed to ensure that your rights are protected.

This means that you don’t wrongfully lose custody of your children.

We also make sure that your divorce judgment is equitable and fair.

This means you don’t get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

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