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Married over 20 years, going through a divorce in GA. I have…

Customer Question
Married over 20 years...

Married over 20 years, going through a divorce in GA. I have a VA loan that my wife refused to refinance or sell the property. She and my son receive social security disability payments. Can the court force me to retain my name on the deed?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

Temporary order

Submitted: 4 months ago.Category: Family Law
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Answered in 9 minutes by:
3/10/2018
Family Lawyer: RayAnswers, Lawyer replied 4 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,245
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 4 months ago

In Georgia, the courts generally accept a fair and reasonable property division the parties agree to, but if the parties cannot agree, the Superior Court divides the marital estate within the Judgment of Divorce.

Georgia is an equitable distribution state. Equitable does not mean equal, or even half, but rather what the Superior Court considers fair.

When the parties are unable to reach a settlement, the case goes to court.

Each spouse keeps his or her separate property and the court divides the property acquired during the marriage on an equitable basis. The courts are generally authorized to effectuate an equitable distribution of all property, real or personal, including pensions or other employment benefits acquired by either spouse during the marriage.

Upon divorce, each spouse would be entitled to the "separate property" that he or she owned prior to the marriage, plus any appreciation the property has earned. "Separate property" includes any gift, bequest, devise or descent acquired by one spouse.

In Georgia, either party can demand that a jury decide all financial issues of a divorce, including the equitable division of property; but this can delay the action.

According to the Georgia Code Section 19-5-13, [t]he verdict of the jury disposing of the property in a divorce case shall be carried into effect by the court by entering such judgment or decree or taking such other steps as are usual in the exercise of the courts equitable powers to execute effectually and fully the jurys verdict.

Factors in Equitable Distribution

Although each spouse would take out of the marriage his or her own separate property, the marital property is split fairly. In doing this the court considers:

  • the standard of living during marriage;
  • the earning capacities of both parties;
  • the education and vocational skills of both parties;
  • the current income of both parties;
  • the age and health of the parties;
  • the assets, debts, and liabilities of the parties;
  • the needs of each of the parties;
  • the provisions for the custody of the minor children;
  • each party's contribution to the acquisition of existing marital assets;
  • each party's enhancement of the value of existing marital assets; and
  • whether either party has dissipated or diminished the value of the martial assets by wrongful conduct.

In Georgia, each spouse has an equitable interest in all marital property acquired during the course of the marriage. The only property considered for equitable division is the property that exists at the time of divorce. The marital property may be assets of either partner, including retirement benefits.

You could ask for a jury trial if you cannot resolve this during the divorce.It makes no sense not to order this sold since she won't refinance it.Selling it makes the most sense under equitable division.You want to argue this at final hearing, you can ask for jury trial.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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