QUESTION
Does property purchased before getting married divided between two parties in the state of Georgia?
Asked on Jan 04th, 2013 on Divorce - Georgia
More details to this question:
My fiance purchased a house with his VA loan before we got married. We have two kids together and had already been together for three years. I could have purchased it under my name except his VA loan had better interest rates. Now we want to get married and I'm afraid if something ever happens where we got a divorce I would have no legal right to the property since it was purchased in his name before we got married.
1 ANSWER
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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At present the house is titled in his name, so it is his house, unless there is an agreement that you should have some interest therein. If you marry and he agrees, then he can deed it from him to ya'll, thereby converting a non-marital asset into a marital asset subject to equitable division upon divorce. Of course, he can always do that even if you do not marry. Basically, ya'll can do whatever you want, subject only to any potential due on sales clause in the deed to secure debt or promissory note.
Answered on Jan 08th, 2013 at 7:35 AM