What determines whether property is classified as marital or separate?

The classification of property as marital or separate primarily hinges on the method of acquisition and the timing of when the property was obtained. In Georgia, marital property typically encompasses assets acquired during the marriage, regardless of how the title is held, and both spouses generally have an equal interest in this property. Conversely, separate property refers to assets that were owned by one spouse prior to the marriage, those received as gifts or inheritances during the marriage, or properties specifically designated as separate in a prenuptial agreement.

For example, if one spouse purchased a home before the marriage, that home would generally remain separate property, regardless of any enhancements made during the marriage. Similarly, if one spouse inherits a property, that property would also be considered separate, even if the spouse uses marital funds to maintain or improve it. Thus, understanding the method of acquisition and timing is crucial in accurately determining the classification of property in divorce proceedings or property disputes.

Other aspects, such as market value, spouse opinions, and debts associated with the property, do not directly influence the fundamental classification of property as marital or separate.