Georgia already gives you a property checklist: the asset and debt pages of the Domestic Relations Financial Affidavit that the court requires.
The List
Uniform Superior Court Rule 24.2 sets out the affidavit’s form, and our post on what the affidavit requires explains when it is required. Its asset section runs through (1) cash, (2) stocks and bonds, (3) CDs and money market accounts, (4) each bank account, (5) pensions, 401(k)s, IRAs and profit sharing, (6) money owed to you, (7) tax refunds owed to you, (8) the home and other real estate, with the debt on each, (9) vehicles, with the debt on each, (10) the net cash value of life insurance, (11) furniture, (12) jewelry, (13) collectibles, and (14) other assets. Its creditor section lists each debt, the balance, the monthly payment, and whether the debt is joint or one spouse’s.
A Value, and a Basis for Any Separate Claim
Every line takes a value, and our post on asset values explains why that number matters. If you claim part of an asset is separate property, the form asks you to “state the amount and the basis: pre-marital, gift, inheritance, source of funds, etc.”
Be ready to prove that basis. In Stonewall v. Stonewall, 368 Ga. App. 292 (2023), a husband said a pool table and a television were his before the marriage, but his own testimony was the only evidence, and the trial court did not find him credible on certain points. The Court of Appeals affirmed awarding both to the wife.
Check What the Decree Disposes Of
In the same case, the decree gave the wife exclusive use and possession of the home but never said who would hold title. The Court of Appeals vacated that part and sent it back for the trial court to specify who holds title. Our post on property a decree does not mention explains what happens to anything the decree does not specifically dispose of.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!