Property you owned before the wedding is generally your separate property in a Georgia divorce and is not divided, though growth in its value during the marriage can be marital.
The Rule
“Generally, a property interest brought into a marriage by one spouse is a non-marital asset and is not subject to equitable division.” Bloomfield v. Bloomfield, 282 Ga. 108 (2007). There, a securities account set up for the wife by her father and grandfather before the marriage stayed hers. The husband said he had managed it, but he had not increased its value, and he had taken $50,000 out of it.
Growth in Value
Under Bass v. Bass, 264 Ga. 506 (1994), if separate property “appreciates in value during the marriage solely as the result of market forces, that appreciation does not become a marital asset.” But if it grows “as the result of efforts made by either or both spouses, that appreciation does become a marital asset which is subject to equitable division.” Which kind of growth occurred is a question of fact.
So growth in a stock account that simply rose with the market stays yours, while growth in a business you built up by working in it during the marriage may be divided.
Upkeep Did Not Make It Marital
In Wood v. Wood, 283 Ga. 8 (2008), the home was the wife’s going into the couple’s second marriage; beforehand, she had the husband quitclaim his interest to her. He argued that his upkeep during the marriage made the home marital. But he had also added significantly to the debt against it, diminishing its worth, and the Georgia Supreme Court would not disturb the trial court’s finding that the home was her separate property.
Premarital property can still become marital in whole or in part, as our posts on separate property becoming marital, commingled property, and the source of funds rule explain.
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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!