Question: I'm worried that if I get divorced I won't have any money.  We live in Roswell and my husband wants to get a divorce.  He said he seeing another woman.  I do want a divorce because things have been bad for at least five years.  We always fight and he has gotten physical.

During our marriage of over 20 years my husband has invested in art and we have an expensive art collection.  We have works by Picasso, Chagall, Monet, Warhol, Bacon, Pollock and Koons.  It's not like it's the really expensive original artwork.  But it's prints, posters and other objects that are valuable.

My husband said that since he was the one who was working that he gets to keep everything.  And he said his girlfriend likes art too.  But I helped pick out a lot of it and I went to many auctions with him to make purchases.  We traveled to New York, Chicago, Los Angeles, London, Paris and Rome to buy art.

Do I get some of the art when we get divorced?  I will need the money because I haven't worked in about 15 years and I want custody of our 5 kids.  I just want what I'm entitled to.  Hopefully this can be an uncontested divorce.

Answer: You have a very compelling legal claim to at least half of the art.  Since the art was purchased during the duration of the marriage, you have a claim to half of it.  His statement that he can keep it all because he was the one working is not correct under Georgia law.

We have handled many cases where valuable collectibles have been at issue, including art, baseball cards, guns, knives, cars, trucks, motorcycles and all sorts of sports memorabilia.  You need to inventory the collection (preferably with pictures) and have an expert appraiser determine its present value.

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