Ever since the Georgia Supreme Court decided a home on Skidaway Island qualified as marital property in the notable Lerch v. Lerch case in 2005, estate planning attorneys, wealth and investment advisers, certified public accountants and other professionals working with married couples have had to proceed with extreme caution with the advice they bestow on their clients. As Georgia is an equitable distribution state, all property in a divorce will be categorized as either separate or marital. Most advisers (and clients), however, don’t think twice about pooling bank accounts or putting both spouses’ names on home deeds. Yet what happens when the lines of ownership become blurred? This issue is at the core of many legal battles, and advisers should be armed with information as they counsel their clients in areas dealing with ownership of property or assets of any kind.

Title Does Matter