Georgia Divorce With a House — What Happens to Your Home (2026)

Real estate is often the largest asset in a Georgia divorce. Here's how Georgia handles the family home and what your options are.

Is Your Home Marital Property in Georgia?

Georgia is an equitable distribution state. If you purchased the home during the marriage, it is marital property subject to division.

Separate property (generally not divided):

  • Owned before the marriage
  • Inherited during the marriage
  • Received as a gift to one spouse

Georgia's Source of Funds Rule: Georgia courts look at where the money came from. If you used a mix of separate and marital funds to buy or improve the home, both the separate and marital portions may be recognized in the division.

Your Three Options

Option 1 — One Spouse Keeps the Home

The keeping spouse refinances the mortgage into their name alone and buys out the other spouse's marital interest.

Buyout: Get an appraisal or agree on value. Calculate equity (value minus mortgage). The leaving spouse receives their equitable share — often 50% of equity unless you agree otherwise.

Refinancing deadline: Include a firm deadline in your Settlement Agreement (typically 60–180 days). Until refinanced, both spouses remain on the mortgage regardless of what the decree says.

Deed transfer: After refinancing, the leaving spouse signs a Quit Claim Deed transferring their interest. Must be notarized and recorded with the county Clerk of Superior Court. Recording fee: approximately $10–$25.

Option 2 — Sell and Split

Both agree to sell. Net proceeds after mortgage payoff, agent commissions, and closing costs are divided per your Settlement Agreement.

Specify in your agreement:

  • Split percentage
  • Timeline for listing
  • How the agent is selected
  • Who lives in the home until sold and whether they pay use and occupancy to the other
  • How carrying costs (mortgage, insurance, taxes) are handled until sale

Option 3 — Deferred Sale

One spouse stays temporarily before the home is eventually sold. Common when minor children are involved.

Must specify: who stays and for how long, who pays all costs, whether occupying spouse compensates the other for use of their equity share, and how the eventual proceeds are divided.

Addressing the Home in Your Settlement Agreement

Use specific language. Don't write "Wife keeps the house." Write:

"The marital residence located at [address], with legal description [from deed], is awarded to Wife. Husband is divested of all right, title, and interest in the property. Wife shall refinance the mortgage currently held in both parties' names within 120 days of the date of the Final Decree. Husband shall execute a Quit Claim Deed within 30 days of receiving written confirmation that refinancing is complete."

FAQ

What if my spouse refuses to sign the Quit Claim Deed? Georgia courts can hold non-complying parties in contempt of court and can appoint a Special Master to sign on their behalf.

Do I need a new deed even if I'm keeping the home? Yes. The Final Decree awards you the home legally, but to clear the title completely, your spouse should sign a Quit Claim Deed. Record it with the county Clerk of Superior Court.

What about property taxes? Georgia has a homestead exemption that must be applied for with your county tax assessor. If the home transfers, the new sole owner should apply promptly.

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.