---
title: O.C.G.A. § 19-3-10. Right of married persons to contract; presumptions.
collection: code
id: 19-3-10
cite_as: O.C.G.A. § 19-3-10 (2025)
canonical_url: https://georgiacommons.org/code/19-3-10
md_url: https://georgiacommons.org/code/19-3-10.md
text_url: https://georgiacommons.org/code/19-3-10/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t18-t19-(v16)-2022-pdf.pdf?sfvrsn=b0848ebd_0#page=334
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: DOMESTIC RELATIONS / MARRIAGE GENERALLY / GENERAL PROVISIONS
---

# O.C.G.A. § 19-3-10. Right of married persons to contract; presumptions.

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.

## History

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

## Cross References

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

## Law Reviews

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).