How likely amI to get the house in divorce if it’s in my name andI bear solefinancial responsibility for it?

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How likely amI to get the house in divorce if it’s in my name andI bear solefinancial responsibility for it?

I make all the money in the marriage;my wife provide maybe a few hundred dollars every now and then during the month. I pay all of the bills, mine and hers, everything is in my name and my name only. I am about to purchase a home in GA in my name only and I am thinking about getting divorced when I meet residency requirements. We have only been married for 1 1/2 years and I am concerned about not losing everything I have worked so hard for when she has not contributed virtually anything to the marriage.

Asked on August 16, 2011 Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay so here is the general rule (but there are always exceptions):  property purchased during a marriage - or with the intent to be marital property - is considered to be marital property.  And property purchased with marital funds (and money earned during a marriage by any of the parties is considered marital funds) is marital property.  The courts do not consider only monetary contributions when deciding the worth or type of assets in the marriage. In other words, they do not consider one parties non monetary contribution worthless.  The length of your marriage will have a nearing on such things as spousal support but as to how it relates to your distribution of the marital property, I would seek legal help in your area.   


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