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§ 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

In one sentenceO.C.G.A. § 19-3-10 lets married people make contracts with others, but when a creditor attacks a deal between spouses as fraudulent, the spouses must prove it was fair; a creditor levying on property a spouse bought from outsiders with a separate estate bears the burden instead.

Full Text of § 19-3-10

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A married person may make contracts with other persons; but, when a transaction between a husband and wife is attacked for fraud by the creditors of either, the onus shall be on the husband and wife to show that the transaction was fair. If a husband or a wife has a separate estate and purchases property from persons other than his or her spouse, the onus shall be upon a creditor levying on such property as the property of the other spouse to show fraud or to show that the husband or wife did not have the means with which to purchase the property.
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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.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
Also known as: spouse creditor fraud georgiatransfer property to spouse creditormarried person contract georgiaspouse debts separate property georgiafraudulent transfer between spouses