Community Property in Georgia
State-specific overview · Family Law
Georgia uses equitable distribution; courts divide marital property fairly based on statutory factors, not automatic equal ownership.
How Georgia treats Community Property
Georgia does not recognize community property. Under Ga. Code Ann. § 34-26-2, courts divide marital property equitably, considering factors including the length of the marriage, each spouse's financial and non-financial contributions, and the standard of living during the marriage. Property acquired during marriage is presumed marital unless one spouse proves it is separate through inheritance, gift, or a valid agreement. Courts may award unequal distributions based on the totality of circumstances.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Georgia.