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Marital Assets in Georgia Divorce


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#1 GAdivorcedDad

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Posted 11 January 2013 - 12:21 PM

I was married for 18 years, and had a divorce settlement signed between my Ex-wife and I, and a decree finalized in October 2012. We still own the house together, and I have moved out, but our agreement says we must have an equitable split of the property, furnishings, etc. Through this process, my ex is now claiming a number of pieces of furniture were gifts from her aunt and uncle, but apparantly only to her. All of these items were received (or in some cases purchased from) her aunt and uncle after we were married. Upon hearing this, I asked her to also include a list of the jewelery and other valuable items she still had at the house, and want this included in the consideration of the equitable distribution of property. Two significant jewelery items were purchsed for her during our marriage, a diamond necklace and a diamond ring. I understand in Georgia, even if these are gifts between spouses acquired during the marriage, they are marital property.

She has been a stay at home mom for the past several years, and we have 3 children (10, 11, and 13). Although I chose not to make it an issue in the divorce settlement process, my wife had an affair and lied and attempted to cover it up in 2011, which lead to the divorce. What are my rights in Georgia at this point for equitable distribution of the property?

#2 FindLaw_Amir

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Posted 11 January 2013 - 12:42 PM

You may visit the Family Law Center: Divorce and read Divorce Property Division FAQ as good resource to learn more about this subject matter. For further clarification on your specific situation, I suggest you consult with a local Georgia Divorce Lawyer.
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#3 pg1067

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Posted 11 January 2013 - 01:28 PM

I understand in Georgia, even if these are gifts between spouses acquired during the marriage, they are marital property.


Where did you come by this understanding. The general rule is exactly the opposite.


What are my rights in Georgia at this point for equitable distribution of the property?


You have a right to an equitable distribution. What exactly does your question mean?

#4 Stewart_1420

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Posted 11 January 2013 - 05:32 PM

My suggestion is to go to this site and look at the laws in your state it is Family law free legal advice they can also do free case evaluations of your issue. However, it's always hers hers and hers, but somethings are not exactly equal.I suppose that the tools that you have you will also be willing to give up. That is a man's side, but for the woman diamonds are a woman's best friend even if it just makes her feel good in the moment. Sometime you cannot share that emotion just like tools for a man that somehow woman do not want anyway. Give and take is the best policy and alway remember that it is just stuff. I worked with 17 attorney's doing divorce court and trial law. I know all to well the hurt of stuff that gets mixed in the mess of emotions even when the divorce is good or bad.
Roberta Cleveland
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