O.C.G.A. § 19-3-10

Right of married persons to contract; presumptions

Applied in 1 court decision — leading case Broadfoot v. Hunerwadel (In Re Dulock) (2002)

Most recently applied in Broadfoot v. Hunerwadel (In Re Dulock) (March 2002)

Civil Code 1895, § 2492; Civil Code 1910, § 3011; Code 1933, § 53-505; Ga

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.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.