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Separate property in a marriage refers to assets or property that are owned individually by one spouse and not considered part of the marital assets. This can include property owned before the marriage, gifts or inheritances received during the marriage, or property specifically designated as separate in a prenuptial agreement. In the legal context of marital assets, separate property is typically defined as not subject to division in the event of a divorce, unless it has been commingled with marital assets or used for the benefit of the marriage.

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What are some examples of separate property in a marriage and how is it defined in legal terms?

Separate property in a marriage includes assets acquired before the marriage, gifts or inheritances received by one spouse during the marriage, and property specifically designated as separate in a prenuptial agreement. In legal terms, separate property is defined as assets that are not considered marital property and are owned solely by one spouse.


Is Georgia a community property state?

Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. There are some defined areas that do not fall under community property: separate property acquired before marriage or during marriage using separate property funds, items acquired as a gift, in a will, or as inheritance, and the rents and profits received from separate property.


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There are many factors considered by a court when it must divide marital assets including the following:length of marriagecontributions of each partyeconomic circumstances of each partywhether there are children involvedopportunity of each spouse for future acquisition of property


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