Last updated on October 31, 2023
Divorcing couples in Georgia have a lot of details that they need to address before they can move forward apart. They have to split time with their children (if they have them) and also arrange to divide their resources. The biggest assets that couples share often become the focal point of disputes during divorce negotiations in Georgia.
The state has an equitable distribution law that requires a fair division of property, but people often disagree about what “fair” looks like. Many people set specific goals that include retaining certain assets. For many married couples, the home where they live together is the most valuable shared property they have and will, therefore, be the focal point of their divorce negotiations. Although only one spouse can potentially keep the home, both should receive a fair portion of its value. The following should be considered if one spouse aims to keep the home instead of working with their ex to sell it and benefit from that sale.
Income
Not everyone can afford house payments after a divorce in Georgia. People need to look at their income, potentially including the income that they will receive via child support, to establish whether or not they can afford homeownership after a Georgia divorce. The mortgage payment may go up due to not having a co-borrower and needing to provide a spouse with their share of equity. People need to consider that refinancing the mortgage after the divorce will likely increase the principal balance that they owe, which will in turn increase the monthly payments.
Solid credit
People can usually qualify for more financing when married than they can on their own. The terms will also be better when there are two incomes for lenders to consider. Particularly if someone has a mediocre credit score, they may have a hard time obtaining a mortgage after a divorce. Being unable to finance can be a major hurdle for those who would like to continue living in the marital home on their own or with their children after a divorce.
Sustainability
Owning a house isn’t just about making payments every month. It also requires regular time investments to maintain and improve the property. Some people have jobs that are so demanding that they cannot commit to lawn maintenance and other home care necessities. Others may lack the physical ability to engage in those tasks because of their age or health challenges.
For many people, moving into a smaller home after a divorce or accepting a share of the home equity as a nest egg for rebuilding their lives is a better option than fighting to keep their marital home. Whatever your goal may be with regard to your marital home, if you’re getting a divorce, know that considering your situation thoughtfully – and seeking legal guidance accordingly – can help to ensure that you start your single life off on the right foot.
