Ordway Law Group, LLC
Ordway Law Group, LLC
Divorce & Family Law

International property division in high-asset divorces

On Behalf of | Sep 26, 2024 | Property Division |

High-asset divorces can be complex, especially when they involve international property. Dividing assets across borders brings unique challenges under property division laws. Understanding how these complexities work can help couples navigate the process smoothly.

Equitable distribution

In Georgia, property division in a divorce follows the principle of equitable distribution. Georgia’s divorce statute ensures fair division, not an equal split. The court reviews each spouse’s finances and role in the marriage when dividing property. Georgia courts treat international assets the same as domestic ones. Extra legal and financial challenges often arise due to differences in foreign laws and regulations.

Challenges with international property

If couples own international property, they may deal with different laws in the country where the property is located. Some countries use community property rules, while others have different legal systems. 

The complexity increases when foreign governments place restrictions on property ownership or transfers. Couples must understand both Georgia’s laws and the laws of the other country. Couples must handle different tax systems, property rights, and exchange rates.

Valuing international assets

Determining the value of international property can be challenging. Georgia courts require accurate valuation. However, currencies, real estate markets, and economic conditions vary from country to country. Couples often rely on international financial professionals for help. They assist in determining the fair market value of properties abroad. 

In some cases, couples may need to account for differences in tax liabilities, such as capital gains taxes, which can vary significantly between countries. Proper valuation is important to ensure the division is equitable and complies with U.S. and foreign tax laws.

Managing challenges

International property valuation and division in divorces can become complicated. Addressing these issues ensures that property division remains fair while respecting international laws.

Ordway Law Group, LLC – A Reputation For Excellence In Resolving Complex Divorces

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