Aggressive Advocates Who Know What's At Stake

Last updated on April 15, 2025

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To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.

Alpharetta Property Division Lawyers

Last updated on May 18, 2026

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When going through a divorce in Georgia, the first thing you should know about asset division is that Georgia is not a 50/50 state. This means that you are not automatically entitled to half of your marital assets, and will instead need to prepare yourself to fight to keep what belongs to you in your divorce. Instead of taking on this challenge alone, let a skilled attorney do the fighting for you.

At the Alpharetta office of The Siemon Law Firm Divorce and Family Law Attorneys, P.C., you can find the representation you need from an experienced family law team. We know the importance of these situations, and we want to be the ones who help you secure the outcome you deserve in the asset division of your divorce.

What Assets Are Divided In An Alpharetta Divorce?

Many clients are surprised to learn just what of their assets are subject to division in their divorce. Georgia is an “equitable distribution state,” which means courts divide all marital assets in a divorce. These assets are anything that either spouse acquired during the course of their marriage, including:

Retirement accounts
Vehicles
Real estate
Bank accounts
Debt

There are some exceptions to what marital assets will be split, such as gifts and inheritance. We can review your unique situation and determine what you can expect to keep in your divorce and what will need to be split.

When we represent clients in these cases, we take the time to identify what is subject to division and obtain an accurate valuation of them, fight to keep what belongs to our clients, answer any questions they may have and develop personalized strategies to pursue a resolution they deserve in their asset division process.

Common Questions About Divorce And Keeping Your Home

Dividing property during a divorce can be stressful, especially when it involves your home. Beyond deciding who stays and who moves, issues of ownership, finances and rights can add extra layers of complexity. Our Georgia family law attorneys guide clients through these challenges. Below are answers to some of their most common questions.

Can I stay in my home while the divorce is happening?

In most cases, yes. Both spouses are allowed to remain in the home until the property is divided. Georgia law does not require separation for a divorce to proceed. Still, exceptions apply. If there are safety concerns or incidents of domestic violence, the court may order one spouse to leave. If the mortgage cannot be maintained, the court could require the sale of the home. When children are involved, judges often focus on stability and may allow the primary caretaker to stay. Temporary orders may also be issued to determine living arrangements during the process.

What happens if only one spouse is listed on the property title?

Having one spouse’s name on the property title does not automatically mean that spouse keeps the house. Georgia follows an equitable distribution system, which means marital property is divided fairly, not always equally. A home purchased during the marriage is generally considered marital property. Courts will also consider contributions made by the non-titled spouse, such as mortgage payments or home improvements, as well as the timing of the purchase and where the funds came from.

What are my options if I want to keep my home but may not be able to afford it?

There are several strategies that may help you stay in your home. Financially, you could refinance the mortgage, negotiate new terms with your lender or secure a qualified co-signer. In a property settlement, you might trade other marital assets for your spouse’s share, arrange a delayed sale or create a buyout plan to pay your spouse’s interest over time. You may also explore income-based solutions, such as renting out part of your home, increasing earnings through work or negotiating spousal support to offset housing costs.

What can I do if my spouse refuses to leave after a court order?

Ignoring a court order can result in contempt charges. If your spouse refuses to comply, you should document the violation, contact your attorney and file a motion for contempt. Courts may enforce the order with fines, attorney fees or even jail time for repeated violations. If safety is a concern, you can also request a protective order and seek help from law enforcement.

Leave The Division To Us

If you are going through your divorce in Alpharetta, make sure you are not leaving money or assets on the table in the process. Call us at 770-215-0947 or email us here to schedule your initial consultation with a team you can depend on today.