Is property received before marriage marital property?

Question:

My parents bought me a car and gifted it to me a couple years ago before I was married. The car is paid off and is in my name. Now that my wife and I are getting a divorce she wants the vehicle. Does she have any right to it? Is the car considered marital property?

 

Answer:

First let me preface my answer by stating that I am not licensed to practice in the state of Georgia, although Cordell & Cordell does have attorneys who are licensed in the state of Georgia who would be happy to discuss your case with you.

In most states, property that a party brings to the marriage, inherits or receives as a gift is considered to be that party’s separate or non-marital property. In states that designate property as non-marital property, the Court would return that property to the proper party before dividing the marital property (property that was acquired during the marriage).

You should contact an attorney in your jurisdiction to find out how Georgia classifies property.
Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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