§ 19-3-10.Right of married persons to contract; presumptions
Chapter 3. Marriage Generally · Article 1. General Provisions · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-3-10
Plain-English Summary
This section does two things. First, it confirms that a married person may make contracts with other persons. Marriage doesn’t take away the power to do business.
Second, it sets burdens of proof for a familiar kind of dispute: a creditor of one spouse says property was moved between spouses to keep it out of the creditor’s reach. When creditors of either spouse attack a transaction between husband and wife as fraudulent, the onus is on the husband and wife to show the transaction was fair. Deals between spouses draw this extra scrutiny because they are easy to arrange and hard for outsiders to see.
The burden flips in a different situation. If a spouse has a separate estate and buys property from someone other than the other spouse, a creditor who levies on that property as belonging to the other spouse must show fraud, or show that the buying spouse didn’t have the means to purchase the property. In plain terms, a spouse with separate money who buys from an outsider is presumed to own what was bought, and the creditor must prove otherwise.
The section works with Code Section 19-3-9, which keeps each spouse’s separate property separate, and with Code Section 19-3-64, which lets a spouse convey property to the other spouse subject to the rights of prior purchasers or creditors without notice.
Frequently Asked Questions
Can a married person sign contracts on their own in Georgia?
Yes. The section says a married person may make contracts with other persons. Marriage doesn’t remove that power, and Code Section 19-3-9 keeps each spouse’s separate property separate. The extra scrutiny the section adds applies to transactions between the spouses themselves, when a creditor attacks them as fraudulent.
Can a creditor undo a transfer of property to my spouse?
A creditor can attack the transfer as fraudulent, and if it does, the burden is on you and your spouse to show the transaction was fair. Whether a court sets the transfer aside depends on the evidence. Code Section 19-3-64 also makes such conveyances subject to the rights of prior purchasers or creditors without notice.
Who has to prove fraud when a creditor goes after property my spouse bought?
If your spouse has a separate estate and bought the property from someone other than you, the creditor must prove it. A creditor levying on that property as yours has to show fraud, or show that your spouse didn’t have the means to buy it.
Why are transactions between spouses treated differently?
When creditors of either spouse attack a deal between husband and wife for fraud, the section puts the burden on the spouses to show the deal was fair. Transfers between spouses are an easy way to move assets beyond a creditor’s reach, so the spouses must justify them.
Can my spouse’s creditors take my separate property?
Each spouse’s separate property remains separate under Code Section 19-3-9. If you bought property with your separate estate from an outsider, a creditor of your spouse who levies on it as your spouse’s property must show fraud or show you lacked the means to buy it. Other law may still affect particular debts.
Amendment History
Laws 1979, p. 466, § 35.
Formerly Civil Code 1895, § 2492; Civil Code 1910, § 3011; Code 1933, § 53-505.