§ 19-3-9.Each spouse’s property separate
Chapter 3. Marriage Generally · Article 1. General Provisions · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-3-9
Plain-English Summary
This section states a basic rule of Georgia property law: getting married doesn’t, by itself, change who owns what. The separate property of each spouse remains that spouse’s separate property.
The rule has two exceptions written into it. The first points to Chapters 5 and 6 of Title 19 — the divorce chapter and the alimony chapter. In a divorce, property can be disposed of by a jury’s verdict that the court carries into effect under Code Section 19-5-13, and under Code Section 19-6-5 permanent alimony may be granted “from the corpus of the estate or otherwise.” The second exception is open-ended: “except as otherwise provided by law,” which leaves room for other statutes that affect spouses’ property.
The section doesn’t define “separate property” or say how a court decides which property is separate when a marriage ends. Those questions turn on the facts and on Georgia law beyond this text. Spouses who want to settle property rights ahead of time can sign an antenuptial agreement under Article 3 of Chapter 3; Code Section 19-3-60 defines such an agreement to include one that determines property rights. Code Section 19-3-10 deals with spouses’ contracts and with creditors who attack a spouse’s property.
Frequently Asked Questions
Does marriage make my property joint property in Georgia?
Not by itself. Each spouse’s separate property remains that spouse’s separate property. The exceptions are the divorce and alimony chapters (Chapters 5 and 6 of Title 19) and anything else “otherwise provided by law.” Property both spouses choose to title jointly is a different matter this section doesn’t address.
Can separate property be divided in a Georgia divorce?
This section leaves room for it: separate property stays separate “except as provided in Chapters 5 and 6.” Those chapters cover divorce and alimony, including a jury verdict disposing of property (Code Section 19-5-13) and permanent alimony from the corpus of the estate (Code Section 19-6-5). How a court treats specific property depends on the facts.
What counts as separate property in Georgia?
This section doesn’t define it. It states only that each spouse’s separate property stays separate, subject to the divorce and alimony chapters and other law. Which assets a court treats as separate in a divorce depends on the facts and on Georgia law beyond this text.
Can a prenup protect my separate property?
An antenuptial agreement is the tool Georgia law provides for settling property rights before marriage. Code Section 19-3-60 defines it as a contract entered into before marriage that determines property rights or contemplates a future settlement, and Code Section 19-3-62 requires it to be in writing, signed by both parties, and attested by at least two witnesses, one a notary public.
Is Georgia a community property state?
As a general matter, no. Georgia isn’t one of the community-property states, and this section fits that approach: marriage doesn’t pool spouses’ property into a shared estate; each spouse’s separate property stays that spouse’s. Property issues at divorce are handled under the divorce and alimony chapters, Chapters 5 and 6 of Title 19.
Amendment History
Laws 1809, Cobb's 1851 Digest, p. 305; Laws 1866, p. 146, § 1; Laws 1979, p. 466, § 33.
Formerly Code 1863, § 1701; Code 1868, § 1744; Code 1873, § 1754; Code 1882, § 1754; Civil Code 1895, § 2474; Civil Code 1910, § 2993; Code 1933, § 53-502.