There is no marital estate to divide in an annulment, because the court has found there was never a marriage.
Equity Still Sorts the Property Out
That does not leave you without a remedy. In McKinney v. McKinney, 242 Ga. 607 (1978), the Georgia Supreme Court held that a court of equity hearing an annulment “could determine the rights of the parties in jointly held property and could partition it, could restore the status quo as to property brought to the marriage by the parties, and could otherwise do equity as between the parties.”
Those are three distinct powers: (1) dividing what the two of you owned together, (2) giving back what each of you brought in, and (3) a general authority to reach a fair result.
What That Looked Like
In McKinney itself, the wife had married a man who turned out to have an undissolved prior marriage. She married in good faith, not knowing about it, and there were no children.
The trial court annulled the marriage, awarded the wife the husband’s half interest in a 1972 Ford and ordered him to pay off the balance owed on it, and ordered him to reimburse her $500 for joint credit card and other debts she had paid. The Georgia Supreme Court left all of it standing.
Why the Difference Matters
Restoring the status quo is not the same as dividing a marital estate. The question is what each of you owned going in and what you acquired jointly, rather than how a shared marital pot should be split.
That distinction can cut either way. A spouse who brought little into the relationship may recover less than a divorce would give, while a spouse who brought in a house or a business is protected from having it treated as marital property.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!