What happens to the increase in value of separate property during marriage?

The increase in value of separate property during marriage is generally treated as marital property, particularly in the context of equitable distribution principles applied in many jurisdictions, including Georgia. This means that if one spouse owns a separate property (such as an inherited asset or property acquired before the marriage), any appreciation in its value that occurs during the marriage may be subject to division upon divorce.

This treatment stems from the recognition that the efforts or contributions of both spouses during the marriage can impact property value. For instance, if one spouse actively contributes to the improvement or maintenance of the separate property, that contribution acknowledges a marital benefit that warrants consideration in the equitable distribution process. Hence, courts often assess how much the property's value has increased and take that into account while determining how to fairly allocate property between the spouses upon dissolution of the marriage.

In contrast, the other choices do not adequately reflect how Georgia law handles property division. Separate property only remains distinct in its original form without consideration of any appreciation, while disregarding increased value completely does not align with principles of fairness in property division. The assertion that such value is solely owned by the spouse who holds title inherently overlooks the contributions that the non-titled spouse may have made, which can influence the court's view on the rightful division of