Couples going through a common law divorce often wonder if the process will be similar to a traditional divorce. Will they split the property 50/50? Is it possible to get spousal support? And the top question: what will happen to the house?
Defining Common Law Marriage
Common law marriages are no longer recognized in the state of Georgia. However, if the common law marriage took place before January 1, 1997, it remains legal. This type of marriage means that it was bound without a license and ceremony, and met the following qualifications:
- Cohabitation: the parties must have lived together in the same home.
- Intent: the parties must have intended to be married and designated themselves as husband and wife.
- Holding out: the parties must have presented themselves to others as husband and wife or filed a joint tax return.
- Single: not married to anyone else.
Common Law Divorce & Personal Property
Once the courts establish a valid common law marriage (before January 1, 1997), the state of Georgia considers you and your partner married. Accordingly, your marriage can only end in divorce. The courts must terminate a common law marriage like any other marriage.
Just as in any traditional divorce, a house is typically the most valuable marital asset and often holds the most significant debt. So, it makes sense that couples going through a common law divorce want to know what to expect. When it comes to the assets each party possesses, a general rule of thumb during a common law divorce is that the parties walk away from the relationship with whatever each brought into it. This includes property, assets, and debts.
For example, if a couple moves into a home owned by the woman and then separates, in most cases, the woman will retain ownership of the house. On the other hand, if the woman had a large amount of credit card debt going into the common law marriage, the man would not be responsible for this after they go their separate ways.
You can see how common law divorce cases involving the house, property, and other assets owned before the union are relatively straightforward. It’s those cases involving homes, properties, and assets acquired during the common-law marriage that are more complex. The couple often sells the property after the divorce, especially if they purchased the home together during the marriage. Then, each party takes away half of the proceeds. Another option is for one party to buy out the other to retain possession of the home following the separation.
Will You Lose Your House If You Divorce?
Ultimately, the court determines how to divide common law marital assets and debts. So, it is essential to have legal representation to guide you through the process of a common law divorce.
Get the answers to your questions about common law divorce and the legal support you need, including a free consultation, by calling our family law attorneys in Cumming, GA.
