Property Division

Marietta Equitable Distribution Attorneys

Property division can prove to be an extremely contentious issue when ending a marriage. Frequently, neither side is completely satisfied with the result. At the Marietta, Georgia, law office of Hill/Macdonald, LLC, our goal is to ensure that our clients receive all that they are entitled to and acquire responsibility for the least amount of marital debt possible.

Aggressively Pursuing the Outcome You Desire

Contact us to schedule an appointment with knowledgeable property division attorneys, Vic Brown Hill and Brad E. Macdonald. As experienced divorce lawyers, they will powerfully protect your best interests in all marital property division matters.

Property Division in Georgia

Georgia is an equitable division state. Equitable, however, does not necessarily equate to a 50/50 division of assets and debt resulting from mortgages, credit cards or other lines of credit. Fair property division is a matter of discretion left to the judge or jury hearing your case. Assets and debts to be divided are the assets and debt as of the date of your divorce decree, not future totals.

When the courts evaluate the division of martial property during a divorce case, the following factors may be considered:

• Liquidity and tax consequences
• Conduct during the marriage
• Alimony obligations
• Premarital and prenuptial agreement
• Contribution to the value of the property
• Separate property or gifts and inheritance
• Assets, debts and financial position of each spouse
• Valuation of retirement accounts, 401(k)s, pensions and investments

Marital or Separate Estate Concerns

Another important factor that must be considered during property division is whether the property is classified as marital or separate property. Separate property is all property owned by the spouse prior to the marriage or specifically gifted to or inherited during the marriage. In most circumstances, separate property is excluded from both equitable division consideration.

Complex Asset Division

In divorces involving high value assets or the division of businesses, additional factors must be carefully analyzed. In these cases, our firm relies on the expertise of our roster of trusted valuation, tax and accounting professionals. In working with these skilled individuals, we make certain the value of your assets is clear and any potential tax implications are revealed.

Contact us to discuss the division of marital property, including who gets the house, car and household furnishings.