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Asset Division Lawyer for Divorce in Cobb County


Navigating Asset Division in Divorce: Protecting Your Financial Future with Phyllis Law


Divorce can bring about significant financial challenges, particularly when it comes to dividing marital assets and liabilities. At Phyllis Law in Marietta, Georgia, we understand the complexities of asset division and are committed to helping you secure a fair and equitable resolution that safeguards your future and financial well-being.


Understanding Marital vs. Separate Property in Georgia


In Georgia, marital property is generally defined as assets acquired by either spouse during the course of the marriage. This can include real estate, vehicles, bank accounts, retirement accounts, investments, and more. On the other hand, separate property typically encompasses assets acquired by one spouse prior to the marriage, inheritances, gifts, and certain types of personal injury settlements.


Distinguishing between marital and separate property is crucial, as only marital assets are subject to division during divorce proceedings. However, the process of identifying and valuing assets can be complex, requiring careful documentation and legal expertise to ensure a fair outcome.


The Challenge of Home Equity in Asset Division

For many couples, the family home represents one of the largest and most valuable assets to be divided during divorce. However, unlike liquid assets such as cash or stocks, the value of a home is tied up in equity, making it more challenging to divide.

Phyllis Law recognizes the importance of addressing home equity in asset division negotiations. We understand that selling the family home immediately may not always be feasible or desirable, especially if children are involved or if one spouse wishes to remain in the home.

Creative Solutions for Dividing Home Equity

Fortunately, there are several strategies available to help couples navigate the division of home equity in divorce:


  • Deferred Sale Agreement: Couples may agree to delay the sale of the home until a certain future date, such as after the children graduate from high school or college. This allows both parties to maintain stability and continuity for their children while preserving the value of the home.
  • Buyout Option: One spouse may choose to buy out the other spouse’s share of the home, either through refinancing the mortgage or using other assets to offset the equity. This option enables one spouse to retain ownership of the home while providing financial compensation to the other spouse.
  • Co-Ownership Arrangements: In some cases, couples may opt to continue co-owning the home for a specified period, with arrangements for shared expenses and responsibilities. This can provide both parties with time to transition and make alternative housing arrangements.

At Phyllis Law, we specialize in crafting creative solutions tailored to the unique needs and circumstances of each client. Whether you’re navigating complex property division issues or seeking guidance on preserving your financial interests, our experienced attorneys are here to advocate for your rights and protect your future.

Don’t face asset division alone. Contact Phyllis Law today to schedule a consultation and take proactive steps to secure your financial well-being during divorce.