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Making a practical choice about your home in a Georgia divorce

On Behalf of | Dec 20, 2022 | Family Law |

The choices you make while dividing your property will determine what resources both you and your spouse have for the future after your divorce. Most people tend to fixate on the property worth the most in their divorce proceedings. With the potential exceptions of family-owned businesses and retirement savings, the home where a couple lived together will be their most valuable shared property.

There’s plenty of bad advice floating around out there regarding how to handle property division matters in your divorce, and it is quite easy for someone to let their emotions get the better of them when contemplating the home where they have lived for many years.

Who decides what happens to your home in a Georgia divorce?

You and your spouse can retain control

Most couples have the option of setting their own terms for property division matters. The only requirements for them to do so would be that they negotiate a settlement and sign papers that allow them to file an uncontested divorce.

Judges do review property division paperwork in uncontested divorces but very rarely question property division decisions made mutually between spouses. You have the chance to decide what happens to your home and other property.

Some couples may talk it out and realize that they went to sell the home and share the money from the sale. Others may quickly realize that the spouse who intends to have more parenting time should stay in the family home to keep the kids in the same school district. For those who cannot reach an agreement about the home, it may be necessary to go to court.

A judge can make that choice for you

When you are unable to work out a compromise, you can count on a Georgia family law judge to make a decision that would be appropriate for your family. They will use the state’s equitable distribution statute as a guide while they make choices related to the division of your property. For many people, letting go of the family home will be an important part of the divorce, they either waxy credit score and income to secure a mortgage on their own or they need a fresh start.

Being realistic about your property division goals will typically result in a better outcome in a Georgia divorce.


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