QUESTION

I''m getting divorce. i bought a house before we were engaged & now she is saying that when we got marred i gave it to her as a gift. I NEVER gave her

Asked on Apr 23rd, 2012 on Divorce - Georgia
More details to this question:
how do i prove that i never gave her my house as a gift?
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1 ANSWER

  If you bought the house, but is claiming that you gave it to her as a gift, then it is her responsibility to prove that.  If the house and all supporting documentation (title, mortgage, insurance, etc.) are in your name, she has an uphill battle to prove that you gave it to her as a gift.    When you say you "bought a house," when it comes to your divorce it matters whether you mean that you paid for it in full, versus making a down payment and making subsequent mortgage payments.  Georgia courts use the "equitable division" approach to divide marital assets upon divorce. Under this approach, each spouse takes their separate assets/property and the court divides the assets/property acquired during the marriage on an equitable basis.  If you paid for the house in full prior to the marriage, it's your separate property (as opposed to marital property).  If you made a down payment prior to the marriage, and then made payments on it during the marriage, the portion that you paid for prior to the marriage is your separate property, and the equity you accumulated by making payments during the marriage is marital property and subject to equitable division.  So, for example, say you made a $50,000.00 down payment on the house.  You then got married and made payments such that you accumulated another $30,000.00 of equity during the marriage.  The $50,000.00 of equity would be your separate property, and the $30,000.00 of equity would be marital property and subject to equitable division.  It's important to note that equitable division does not necessarily mean half - it means what's fair based on the circumstances.    In any event, if the house is in your name alone and she is alleging that you gave it to her as a gift, then she needs to prove that you gave it to her.    
Answered on Apr 24th, 2012 at 9:17 AM

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