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A Blog about Real Estate, How it Can Be Damaged, and Disputes Over its Transfer
This blog is a personal blog written to discuss legal issues affecting Georgia property, and how it is damaged, transferred, and fought over. I write this partly to keep abreast of the law, and partly to offer a forum for my writing. In order to find content, I often analyze Georgia Supreme Court decisions. I try to update this blog as I can, but writing is a time consuming process.
Sunday, April 21, 2013
Maneuvering Assets Not Always a Good Idea to Avoid Equitable Division in Divorce
Sometimes a spouse seeking a divorce will attempt to avoid the effect of a division of assets and alimony by clouding his finances. In Driver v. Driver, S13F0512 (Ga. April 15, 2013), the Georgia Supreme Court reviewed and upheld a ruling of a lower court that equitably divided the assets of parties to a divorce. The lower court had made a substantial award of alimony and assets to a wife after finding that the husband had made troubling claims that his assets were cross encumbered, and that his net worth had substantially declined in value in the period leading up to the filing of the petition. The main significance of the opinion was the holding that superior courts have ample discretion to make an equitable division of assets that the appellate court will not readily reverse absent harmful error.