Who gets the house? This is one of the first questions many divorcing spouses have when contemplating a divorce agreement. In Georgia, property division in a divorce may be determined by the couple through an agreement or decided through a court order if the couple is unable to reach an agreement.
If a court must decide, the split of marital property is determined on an equitable division standard. Recently, singer Usher decided to sell his Georgia mansion, which has been inhabited by his ex-wife by the parties' agreement since their divorce in 2009.
The home was purchased during the couple's marriage in 2007. According to the couple's divorce agreement, Usher is able to sell the mansion with a 60-day vacate notice to his ex-wife. According to reports, Usher owns another Georgia-area home, which he purchased in the late 90s.
In Georgia, only assets accumulated during the marriage are subject to property division in the divorce process. Marital property includes wages earned and assets bought during the marriage. Nonmarital property includes gifts, inheritances and property that each spouse brought into the marriage. In some cases, nonmarital property may be transformed into marital property if it is commingled with marital assets.
If the parties cannot come to an agreement about the division of their property, the court will make a decision as to how to divide it. In determining which spouse gets a home, courts often determine the award based on which parent has primary custody of children. The other spouse may receive a larger award of other marital assets in order to make it a more equitable division. If the couple does not have children, the court may consider other options for dividing the property, such as selling the home and distributing the proceeds.
Reaching an agreement on property division can be difficult. However, it is typically in the best interests of everyone involved that the parties come to an agreement. It can make the process smoother and easier.