Georgia Divorce: Types of Property Items
According to O.C.G.A. § 44-1-1, there are two types of property – real property and personal property. Real property or “realty” is defined by O.C.G.A. § 44-1-2 as not only the land, but any buildings attached to it. If the parties own a home, then the marital home is real property.
All other possessions that the parties own, such as furniture, televisions, and automobiles, are items of personal property. Personal property or “personalty” is defined by O.C.G.A § 44-1-3 as anything that is movable, has a value, and is not real property. Basically, it is anything that is not permanently attached to land.
One big national debate that is occurring is whether pets are personal property (like their furniture) or are not property at all (like children). Several states have created a new “quasi-property” definition for pets that handles their division more like children. Georgia, however, has not adopted a quasi-property status for pets and, as such, are currently considered just another item of personal property that the parties own. O.C.G.A. § 44-1-8. The practical effect is that a “best interest” of the children type of standard is not necessarily how a property division decision will be made by a court as it is in other states.