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Marital or Separate Property Post Lerch

09.06.12

There is a reason it is called the "practice of law." Just when the family lawyer is certain that he or she knows for sure what the law dictates, it changes. Such was the case when the Supreme Court of Georgia issued its opinion in Lerch vs. Lerch, 278 Ga. 885, on January 24, 2005. Until then the law in Georgia was crystal clear that transfer of separate property of one spouse into jointly titled property of both spouses created only a rebuttable presumption of a gift. Now, that long standing principle has been in a lurch by Lerch. Or has it??

If you would like to read more about marital or separate property post Lerch, please view the document written by Kelly Anne Miles of Smith, Gilliam, Williams, & Miles, P.A.