A domestic partnership may be defined as a partnership between partners who are unmarried couples, including gay couples, living together in long-term relationships, who are sometimes entitled to some of the same benefits as married people, such as employer-provided health coverage. This form is a sample of a dissolution of such a partnership and property settlement of the parties. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Georgia Domestic or Same Sex Partnership Dissolution and Property Settlement
State:
Multi-State
Control #:
US-01296BG
Format:
Word;
Rich Text
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FAQ
However, the cohabitation does not change ownership of the home. Thus, if the couple subsequently breaks up, the party who moved into the other party's home has no rights to that home. As such, if the home owning party decides to sell the home, the other party will have no rights to any of the proceeds.
Property is generally divided equitably between the spouses, in that separate property stays with the spouse who owns that property (such as vehicles acquired before the marriage, or third-party inheritance or gifts).
Generally speaking, separate property in Georgia includes any assets owned by independently by either spouse prior to marriage. Under certain circumstances, other assets can also be considered separately owned, even if they were obtained during the marriage.
Generally speaking, if the person owned the home, prior to your marriage, you probably have no rights to the property. Whatever property was owned prior to the marriage, is each one's to take, as they part. Property obtained during the union, must be equally divided. Exceptions may be made, when children are involved.
Property division laws in Georgia take into account separate property. Anything a spouse acquired before the marriage is considered separate property. Each person is entitled to their respective property, which is not subjected to equitable division during divorce.
Georgia is an "equitable distribution state" which means that all marital property acquired during the marriage is subject to division.
Under Georgia law, both spouses have equal right to access the marital home until a judge has entered an order for exclusive possession. The can be in the form of a Temporary Protective Order if the wife has proper grounds to file for a protective order. (A TPO is a separate filing and action from the divorce.)