Official Code of Georgia Annotated

Title 19. DOMESTIC RELATIONS · Chapter 3. MARRIAGE GENERALLY · Article 1. GENERAL PROVISIONS

19-3-10. Right of married persons to contract; presumptions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Civil Code 1895, § 2492; Civil Code 1910, § 3011; Code 1933, § 53-505; Ga. L. 1979, p. 466, § 35.

Acts void as against creditors, § 18-2-20 et seq.

For article, “Preparing the Georgia Farmer (or Other Small Entrepreneur) for Bankruptcy,” see 22 Ga. State Bar J. 186 (1986).

History of Section.: The language of this Code section is derived in part from the decision in Richardson & Co. v. Subers, 82 Ga. 427, 9 S.E. 172 (1889).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, page 334; merge action: carried; file SHA-256 eddc877da9f2.