Atlanta, Georgia Property Division Attorneys
Georgia courts divide marital assets based on equity and fairness, not a strict equal (50/50) split. Rubin Family Law helps Atlanta clients navigate complex property division, protect their financial interests, and resolve disputes through negotiation, mediation, or litigation when necessary—especially in high-asset or contested divorce cases.
Few issues in a divorce can cause more acrimony than the process of dividing a couple’s marital assets. When both parties are trying to secure a financially stable future, minor disagreements can quickly become major battlegrounds. Our Atlanta, Georgia-based attorneys are ready to help end the battle while fiercely protecting our clients’ rights.
Why Do I Need a Property Division Attorney?
Especially in high-asset divorce cases, property division is one of the most complex facets of a divorce case. Having a trusted legal counselor on your side helps ensure:
- Both parties have a complete and accurate understanding of the couple’s assets
- The other party is unable to hide assets, exaggerate debt, or take other bad-faith actions
- That your ability to maintain your home and livelihood are not damaged by the divorce
- That any court determination of equitable distribution considers all of your needs
What Is Equitable Division?
Contrary to common belief, Georgia’s family courts do not base their decisions on the principle of “equal distribution.” In an equal-division system, property division is simpler – each party gets half.
Instead, if a couple is unable to settle on their own division via negotiation or mediation, a Georgia court will perform what is called an “equitable division of marital assets.” In an equitable-division system, the court awards each party the assets that the court finds fair and reasonable, even if that division is wildly uneven.
Knowing that, you can see why the Atlanta-based property division attorneys at Rubin Family Law takes every possible step to empower you and your spouse to develop a mutually acceptable division of property without falling back on the court’s determination of what is equitable.
Contact Rubin Family Law and
protect your financial future
Why Choose a Rubin Family Law Property Division Attorney?
We are Your Full-Service Atlanta Family Law Firm
Property division is only one part of a divorce. Managing issues of custody, support, and the general divorce proceedings is a complicated matter, and we are your trusted counselors at every step of the process.
Our Atlanta team practices in all areas of family law and has a proven track record of successfully guiding clients through the division of complex assets, difficult custody matters, and the hundreds of other issues that can arise at the end of a marriage.
We Work Towards Negotiated Settlement
As mentioned above, if the two parties to a divorce cannot settle things between themselves, then the court makes the ultimate determination as to who gets what in a divorce. That usually means that neither party leaves the table satisfied.
We start with negotiation with opposing counsel, working to build a mutually acceptable agreement. If negotiations break down, we will turn to mediation, letting a talented dispute mediator help the parties work towards a settlement.
Taking the case to trial is our last resort, but if it comes to that, we will not rest in the courtroom until We are confident that the judge and jury (if applicable) understands your side of the argument.
We are Outcome-Focused and Fiercely Protective
When you are our client, we look out for you. You have very definite rights to an equitable portion of the marital assets, and our property division attorneys will do everything they can to ensure that you are treated fairly in the property division phase of your divorce.
With decades of collective experience, we know how to spot bad-faith actions being taken by the other side and put an end to them, ensuring that no assets are hidden or buried under a blanket of fabricated debt. Our only goal is a positive outcome for you at the end of the process.
Do not let the courts decide. Reach out
and let us help you negotiate a settled agreement.
An Atlanta, Georgia Property Division Lawyer Explains the Division Process
Property division is the process by which a couple’s marital assets are divided between them at the conclusion of divorce proceedings.
What Are Marital Assets?
Anything that contributes to a couple’s combined financial worth and has not been deemed separate property is considered a marital asset. That can include:
- Bank, Investment, or Retirement Accounts
- Cryptocurrency
- Real Estate Holdings
- Business Interests
- Trusts
- Vehicles
- Furniture, Furnishings, Artwork, and Other Personal Property
- Animals
Debt, too, is considered marital property, including credit cards and tax liabilities.
Is Anything Not Considered a Marital Asset?
There are generally three categories of property that are not considered marital property: premarital property, inheritance, and third-party gifts.
Premarital property refers to the property each party owned before they were married. If you purchased a piece of property as an investment prior to your marriage, and your spouse has not materially contributed to its upkeep or improvement, that is not considered marital property. Similarly, if you had funds in a retirement account prior to the marriage, then those funds and the growth to them during the marriage would not be considered marital property.
Inheritance, no matter when they were acquired, are solely the property of the person who inherited them. If your grandfather passed and left you cash or other assets while you were married, that property is yours without contest, and is not considered marital property.
Third-party gifts that are given to you during the marriage are solely the property of the person who received them. If your parents gifted you cash or other assets while you were married, that property is your separate property and not considered marital property.
There are some exceptions as to whether these assets remain separate property during the marriage that are both legal and factual in nature. The experienced property division lawyers at Rubin Family Law will be able to help assess the separate property claims to these types of assets and strategize to ensure that you are successful in retaining them as part of the resolution of the divorce process.
Property Division Negotiations
As noted above, the property division phase begins with negotiations. Your property division lawyer will work with you to determine what you will be asking for in the divorce. They will meet with opposing counsel and present a proposed property division. Negotiations will then proceed much like any other negotiation – offer, counteroffer – until either a settlement is reached or the negotiations break down or stall.
We strongly encourage our clients to take the negotiation process seriously – unless the other side is being unreasonable or acting in bad faith – to avoid sending the decision to a judge or jury.
Mediation
Mediation is a more structured way of continuing the negotiation process. During mediation, a neutral third-party will intervene between you and your spouse. They will encourage open discussions, help settle disputes, and attempt to create a space in which you and your spouse can come to a agreement – even a grudging agreement – about your property division.
Litigation
If your property division case goes to court, our job changes. When your case goes into the courtroom, you (and we) lose any ability to directly impact the actual division of property. In these cases, we present your situation, the facts of your divorce, and a clear and unequivocal picture of the financial realities at play.
When the court makes their division determinations, they will be considering a number of factors, including, but not limited to:
- The length of the marriage
- How each party contributed to the marital assets
- How each party contributed to marital debt
- The conduct of the parties, both during the marriage and with reference to the cause of the divorce
- What each party’s financial resources and needs will be after the divorce
From that, the court will make their final, binding decision as to the actual property division.
Do not let the courts decide. Reach out
and let us help you negotiate a settled agreement.
Rubin Family Law
Practice Areas
Personalized, Effective Representation
Across The Metro Area
Our offices are located near the Cumberland Interchange, not far from Truist Park. We serve clients across the Metro Area, including:
- Alpharetta, Georgia
- Atlanta, Georgia
- Brookhaven, Georgia
- Buckhead, Georgia
- Cumming, Georgia
- Decatur, Georgia
- Duluth, Georgia
- Dunwoody, Georgia
- Johns Creek, Georgia
- Kennesaw, Georgia
- Marietta, Georgia
- Milton, Georgia
- Roswell, Georgia
- Sandy Springs, Georgia
- Smyrna, Georgia
- Woodstock, Georgia