How Do You Prove That You Own Separate Property in an Atlanta Divorce?

Separate property is a major issue in many Atlanta divorces. During equitable distribution in Georgia, courts consider whether certain assets should be excluded from the property division process. If spouses establish that they own separate property, they get to keep those assets after divorce. This can provide greater financial stability. But how do you prove you actually own separate property?

What Is Separate Property, and Why Do I Need to Prove That I Own It? 

Separate property includes gifts, inheritance, purchases before marriage, and purchases after your date of separation. Gifts and inheritance are always “separate,” regardless of when you received them. Separate property is important because you do not need to divide these assets with your ex during divorce. In other words, you may get to keep 100% of their value.

That said, you need to prove that the property in question is, in fact, separate. Your ex might be under the impression that the assets are “marital property,” and all marital property is subject to the equitable distribution process. As a result, you have a real financial incentive to prove that the assets in question are separate and not marital property.

Using Financial Documents to Prove the Existence of Separate Property 

One of the most obvious ways to prove the existence of separate property is with financial documents. For example, you might find a banking record that clearly shows you purchased the asset before signing your marriage contract. Alternatively, you might find a record that shows you made an investment after your date of separation.

Proving the Date of Separation

In Georgia, separation occurs when one spouse moves out of the family home. Since assets acquired after the date of separation are “separate,” you may need to prove that a spouse moved out on a specific date. You might need to use this evidence in tandem with financial documents to prove your separate assets.

However, this only applies to assets acquired after the date of separation. For example, you might make an investment after moving out. If your divorce takes many months to finalize and your investment proves successful, this could become an important subject during property division.

Proving the Existence of Gifts and Inheritance 

Inheritance should be relatively easy to prove by examining Wills, trusts, and other estate planning documents. Gifts could be more challenging, especially if the donor did not specifically designate the recipient. For example, your parents might have given you a vehicle after your marriage. But if they didn’t specify that the car was for you and you alone, your ex could claim that this “wedding gift” was addressed to both of you.

Can a Property Division Lawyer in Atlanta Help? 

A property division lawyer in Atlanta may be able to help you prove your ownership of separate assets. Whether you received gifts during marriage or made investments before marriage, you should strive to keep this property. While some separate property could be more challenging to prove, this process could be easier than you realize. Contact Buckhead Family Law to discuss the next steps.

Sources: 

georgia.gov/file-divorce

southernjudicialcircuit.com/selfhelp/legalseparation/separatemaintkids7.pdf