Property Division Attorney in Atlanta, Georgia

Property Division: How is property divided in a divorce? And what about the debts?

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So we always look to see when you’re talking about property division, you know, the goal is if the parties can divide the property themselves, that would really be the best way to go about it. We really don’t want to get into a situation where folks are fighting over pots and pans or the patio furniture, but we hope that the parties can divide the property on their own, the assets and the properties on their own. If not, then a mediator would come in. Most counties require, have a required mediation that you have to make at least a good faith effort to mediate and work out those division of properties, but a lot of times those things may have to go to trial, and so usually they can be divided hopefully 50/50.

Georgia is interesting in that a party can allege adultery and that will affect property division, surprisingly. And so if the party can prove that there has been adultery and but for the adultery the parties would still be together and still be a unit, the party who is responsible for the adultery, they will probably get less. So we’ve seen where there has been 60/40, 70/30, and the division of property based off a adultery. A lot of times debt will be divided 50/50, but there are times where one party may decide to take the debt as their responsibility and may offset something else.

So for example, if there was a credit card where the parties used jointly, but one party is saying instead of me having to pull money out of my 401K I will go ahead and take the debt completely and that offsets what I would have to pay to that other party in my 401K. And I’ll tell you, people would rather do that than have to give any portion of their 401K. Sometimes you can’t avoid it, but that’s usually how debt goes. It’s either going to be 50/50, or it’s going one party may say I’ll take it, or the courts may have to decide what that end result will be as it relates to debt.

Atlanta, GA family law attorney Judith Delus Montgomery talks about how people commonly divide their property and assets in a divorce. When addressing property division, the preferred approach is for the involved parties to amicably divide their assets and properties. The aim is to avoid contentious disputes over items like pots, pans, or patio furniture. Ideally, the parties can independently reach a fair distribution of assets. In cases where an agreement proves challenging, mediation becomes the next step. Many counties mandate a good faith effort to mediate and resolve property division issues.

If mediation does not yield a resolution, the matter may proceed to trial. Typically, the goal is an equitable 50/50 division of property. Georgia introduces an interesting element wherein a party alleging adultery may influence property division outcomes. If proven, and it can be demonstrated that adultery caused the breakdown of the marriage, the at-fault party might receive a lesser share, leading to divisions like 60/40 or 70/30. Debt is often divided equally, but scenarios arise where one party opts to assume the debt as their responsibility, offsetting it against other considerations.

For instance, a party might choose to take on a jointly used credit card debt, foregoing a claim on their 401K. This strategic decision is often preferred over relinquishing a portion of the 401K. However, debt division can follow various outcomes, ranging from a straightforward 50/50 split to one party assuming the debt or a court decision determining the final allocation.

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