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Cases of Interest: Georgia
© National Legal Research Group, Inc.
Agreements (full category)
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GEORGIA: Starrett v. Commercial Bank of Georgia, ___ Ga. App. ___, 486 S.E.2d 923 (1997).
Where the parties' settlement agreement provided that the proceeds from sale of certain jointly owned property would be used to satisfy the husband's indebtedness to a bank, the bank was an intended third-party beneficiary which had standing to enforce that provision of the agreement.
Read More About This CaseAppreciation of Assets (full category)
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GEORGIA: Horsley v. Horsley, ___ Ga. ___, 490 S.E.2d 392 (1997).
Under the "source of funds" rule, the spouse contributing nonmarital property is entitled to an interest in the property in the ratio of the nonmarital investment to the total nonmarital and marital investment, with the remaining property to be characterized as marital.
Read More About This CaseClassification of Assets (full category)
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GEORGIA: Horsley v. Horsley, ___ Ga. ___, 490 S.E.2d 392 (1997).
Under the "source of funds" rule, the spouse contributing nonmarital property is entitled to an interest in the property in the ratio of the nonmarital investment to the total nonmarital and marital investment, with the remaining property to be characterized as marital.
Read More About This CaseGEORGIA: Avera v. Avera, ___ Ga. ___, 485 S.E.2d 731 (1997).
Real property transferred to the wife by an irrevocable trust established by the husband with himself as trustee was a gift from a third party, and hence the wife's separate property rather than an interspousal gift.
Read More About This CaseCreditor's Rights (full category)
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GEORGIA: Starrett v. Commercial Bank of Georgia, ___ Ga. App. ___, 486 S.E.2d 923 (1997).
Where the parties' settlement agreement provided that the proceeds from sale of certain jointly owned property would be used to satisfy the husband's indebtedness to a bank, the bank was an intended third-party beneficiary which had standing to enforce that provision of the agreement.
Read More About This CaseJoinder (full category)
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GEORGIA: Shah v. Shah, ___ Ga. ___, 513 S.E.2d 730 (1999).
A fraudulent conveyance claim against a third party may be joined in a divorce action for the limited purpose of adjudicating the relative substantive rights of the parties, but an independent tort claim against the grantee may not be maintained in the divorce action.
Read More About This CaseLife Insurance (full category)
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GEORGIA: Waggaman v. Franklin Life Insurance Co., ___ Ga. ___, 458 S.E.2d 826 (1995).
The doctrine of res judicata barred the former husband from pursuing an action for a declaratory judgment that he owned an insurance policy on his life, where the parties' divorce decree had awarded that policy to the wife.
Read More About This CaseMarital Home (full category)
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GEORGIA: Morrow v. Morrow, 272 Ga. 557, 532 S.E.2d 672 (2000).
The marital home, albeit incomplete in construction, had been awarded to the husband after the couple's first divorce. The home was completed during the second marriage, and 50% of the home was awarded to the wife.
Read More About This CaseGEORGIA: Horsley v. Horsley, ___ Ga. ___, 490 S.E.2d 392 (1997).
Under the "source of funds" rule, the spouse contributing nonmarital property is entitled to an interest in the property in the ratio of the nonmarital investment to the total nonmarital and marital investment, with the remaining property to be characterized as marital.
Read More About This CaseVisitation (full category)
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GEORGIA: Brandenburg v. Brandenburg, No. S01A0638 (Ga. July 16, 2001).
The divorce decree precluded the father from visiting the children with his girlfriend, even if they should marry.
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