There are numerous determinations to make when a couple seeks a divorce. One of the most important is property division amongst the parties. In the state of Georgia, the division of any marital property existing between the parties must be done equitably, either through agreement or by a court. This includes everything from photos and silverware up to the car and the house.
Singer Usher Raymond has listed a home for sale in Georgia in which his ex-wife is currently living. She was allowed to live in the house pursuant to their 2009 divorce settlement. However, Usher was also given permission in the agreement to put the house up for sale at any time, but only if he gave her 60 days' notice. He has now provided her with the required notice and she will be forced to find a new home per the agreement.
When determining which party should get the marital home in Georgia, there are many factors involved. The home may be granted to the parent that has the most responsibility in raising the children. If the home is classified as separate property (i.e., property brought into the marriage by one of the parties) and the couple has no children, it will be given to the party that originally purchased the home. Additionally, one party may ask the other party to move out of the home, and the parties can agree to such an arrangement. Otherwise, it will be up to a court to decide who should get the house.
The distribution of marital property among the parties to a divorce can be difficult to determine and is dependent on the state in which the parties reside and the different types of property that they possess. When parties in Georgia seek a divorce from each other, they should be aware of the laws governing such distribution and all of the property that they own together and that they brought into the marriage.
Source: Huffington Post, "Usher Evicts Ex-Wife, Tameka Raymond, From Georgia Home," Nov. 12, 2012
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