Chisolm Trimble & Associates, LLC

The family home is often the most valuable asset a couple owns and one of the most contested in divorce. Here is how Georgia handles the family home during divorce proceedings. Is the House Marital Property? If the home was purchased during the marriage with marital funds, it is generally considered marital property and is subject to equitable distribution. If one spouse owned the home before marriage or received it as an inheritance, it may be treated as separate property though this can become complicated if marital funds were used to pay the mortgage or make improvements. Your Options for the Family Home In most divorces, the parties have three main options: sell the home and divide the proceeds, one spouse buys out the other's interest and keeps the home, or in rare cases involving minor children, the custodial parent remains in the home temporarily until the children finish school. What About the Mortgage? Whoever keeps the home will need to either refinance the mortgage in their name alone or assume the existing mortgage (if the lender permits). Simply having one spouse's name removed from the deed does not remove them from the mortgage obligation which is a common and costly mistake. Get a Professional Valuation Before agreeing to any settlement involving the family home, make sure you have a current, independent appraisal. Real estate values change, and an accurate valuation is essential for a fair division.

Before many Georgia family law cases go to trial, parties are required to attempt mediation. Here is what to expect and how to make the most of the process. What Is Mediation? Mediation is a confidential process in which a neutral third party (the mediator) helps the parties reach a mutually agreeable resolution. The mediator does not make decisions — they facilitate conversation and negotiation between the parties. Is Mediation Required in Georgia? In most Georgia counties, mediation is required in contested divorce, custody, and modification cases before the matter can proceed to a judge. This requirement helps reduce court backlogs and encourages parties to resolve disputes on their own terms. What Happens During Mediation? Typically, both parties and their attorneys meet with the mediator. The mediator may speak with both parties together or separately. Sessions can last several hours. If an agreement is reached, it is put in writing and submitted to the court for approval. Tips for a Productive Mediation Come prepared with financial documents, a clear sense of your priorities, and an open mind. Know your bottom line, but be willing to compromise on less critical issues. Your attorney can help you prepare and will be present to protect your interests throughout the process.