Georgia Marital Property Laws for Debt Collectors & Judgment Creditors

🍍 Georgia Marital Property: The Creditor’s Overview

Georgia is a common law property state — each spouse owns what they individually earn or acquire. Georgia’s most significant feature for judgment creditors is that it does NOT recognize tenancy by the entirety. Jointly held marital real estate and bank accounts are not shielded from single-spouse creditor claims — the debtor’s proportionate interest is directly reachable.

Georgia’s booming Atlanta metro economy — home to Coca-Cola, Delta Air Lines, Home Depot, UPS, CNN, and dozens of Fortune 500 companies — means Georgia debtors frequently hold stable employment income and significant real property. No TBE, available wage garnishment, and a low $21,500 homestead cap make Georgia one of the stronger enforcement states in the Southeast.

🚫 No Tenancy by the Entirety in Georgia

Georgia’s abolition of TBE is one of the most creditor-favorable features of Georgia property law. Without TBE protection, a single-spouse judgment creditor can reach the debtor’s proportionate interest in jointly held marital real estate. For most married couples holding real estate as joint tenants or tenants in common, the debtor’s 50% interest is directly accessible via lien and, where necessary, a partition action.

⚖️ Common Law Property Rules for Creditors

👩‍⚖️ Spousal Liability for Debts in Georgia

Georgia common law generally protects each spouse from the other’s individual debts. The non-debtor spouse’s separately held assets are protected. Georgia recognizes mutual liability for certain family expenses under its necessaries doctrine, codified in O.C.G.A. §19-3-8.

• 📄Joint contracts — both spouses co-signed the obligation
• 🏥Necessaries doctrine — O.C.G.A. §19-3-8 creates mutual liability for family necessaries including medical care and household expenses
• 💳Joint credit accounts — both spouses are named account holders or co-applicants
• 🏠Joint mortgage — both spouses signed the promissory note and security deed
• 💼Joint business guarantees or partnerships

💰 Georgia Wage Garnishment Rules

Georgia allows standard wage garnishment at 25% of disposable earnings, following the federal CCPA framework. Georgia has no head-of-household exemption eliminating consumer wage garnishment. The state processes garnishment through a “garnishment action” filed in the appropriate court.

🏠 Judgment Liens on Georgia Real Property

Georgia judgment liens attach to real property upon recording in the county where the property is located. The $21,500 homestead cap is modest relative to Atlanta metro values — most properties in Buckhead, Midtown, Alpharetta, Johns Creek, and Dunwoody carry far more equity. Investment and rental properties carry zero homestead protection.

1. Obtain certified judgment copyFrom the Georgia Superior Court or State Court. For out-of-state judgments, domesticate in Georgia Superior Court under the Uniform Enforcement of Foreign Judgments Act (O.C.G.A. §9-12-130 et seq.).
2. Record fi.fa. with the Clerk of Superior Court in each countyGeorgia’s lien is created by recording a writ of fieri facias (fi.fa.) with the Clerk of Superior Court in each county where the debtor owns real property. Georgia has 159 counties — a comprehensive statewide property search is essential before filing.
3. No TBE — jointly held property is reachableGeorgia has no TBE, so jointly held marital real estate is accessible. Focus on individually titled property for cleaner enforcement first — then pursue jointly held property via partition action if equity warrants it.
4. Renew before 7-year expirationGeorgia judgment liens are valid for 7 years and can be renewed for additional 7-year periods.

🏢 Bank Account Levies & Personal Property in Georgia

• 📋Obtain a writ of fi.fa. (fieri facias) from the court after judgment entry
• 🏢Serve fi.fa. on financial institutions through the county Sheriff
• 👥Joint bank accounts: debtor’s proportionate share reachable — no TBE for Georgia bank accounts
• 💵Federal benefits: protected for 2 months of direct deposits under federal law
• 📅Time service shortly after payday when balances are highest
• 💰Non-wage deposits (bonuses, rental income, distributions) fully reachable without wage garnishment limits

Georgia’s motor vehicle exemption is $5,000 for one vehicle — most vehicle equity above that threshold is exposed. Additional vehicles are fully reachable. Our vehicle location service identifies all Georgia DMV-registered vehicles for the debtor and their spouse.

🛡️ Georgia Property Exemptions

🔍 Skip Tracing Married Debtors in Georgia

Georgia’s 159 counties span one of the fastest-growing states in the nation. The Atlanta metro (Fulton, DeKalb, Gwinnett, Cobb, Cherokee, Forsyth, Henry counties) is home to over 6 million people and massive Fortune 500 concentration. Savannah’s port economy, Augusta’s medical and military presence, and coastal/mountain resort communities add enforcement dimensions beyond the Atlanta core.

📋 Step-by-Step: Collecting from a Married Georgia Debtor

1. Run comprehensive Georgia property search — all 159 countiesIdentify real estate across all 159 county Clerk offices. Distinguish individually titled (cleaner enforcement) from jointly held (reachable but may need partition). Use our professional asset search.
2. Record fi.fa. in all relevant countiesGeorgia’s $21,500 homestead cap leaves most Atlanta metro homes with substantial exposed equity. Investment and rental properties carry zero protection. See our judgment lien guide.
3. Identify employer and initiate wage garnishmentStandard 25% of disposable earnings — no head-of-household exemption. File garnishment action in Superior Court (over $15K) or Magistrate Court (under $15K). Atlanta’s major employer base provides stable high-income targets.
4. Serve fi.fa. on financial institutionsJoint bank accounts reachable for debtor’s share — no TBE protection. Time service after payday. See our asset levy guide.
5. Consider partition action for jointly held propertyGeorgia’s no-TBE framework allows liening and partitioning jointly held marital real estate. Best reserved for high-equity properties where partition proceeds justify legal costs of the partition action.
6. Schedule debtor examinationCompel disclosure — particularly business interests, investment accounts, and vacation properties. See our debtor examination guide.

Frequently Asked Questions

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