Pre-marriage property ownership

In Georgia, if an individual owns a home and land for 8 - 9 years and then marries, he or she refinances to do some remodeling and build on. In the unlikely event of a divorce, could the spouse claim half owner ship and get half of the property since the new finance papers are dated after the marriage ?

Georgia is not a community property state, rather property is divided in a divorce by equitable division. This means that the spouse that owned the property prior to the marriage will most likely be awarded all appreciation in the property including the initial down payment prior to the marriage and will split the appreciation that occurred after the marriage. This is the more likely scenario because the house was purchased so far in advance of the marriage. If the home had been purchased let's say a month before the marriage, it would be considered a marital asset since it would obviously have been purchased with the intent of being used as marital property. In this example, equity would most likely be split down the middle.

The only relativity of the new loan is it's impact on the equity unless you took title as joint tenants. This could be argued that the spouse that owned the property first, intended the house to become a marital asset. There could be arguments both ways.

I am not an attorney so please do not view this as advice from an attorney. If attorneys on this site do not agree with what I have said, they will most likely correct or add to my statements. Ultimatley this is complicated and you should consult an attorney in the event the "unfortunate" occurs.



[Edited by David J. Miller on 11-17-2000 at 01:03 PM]