Yates v. Yates

Bell, Justice.

We granted a discretionary application in this case to determine whether the trial court, sitting as the trier of fact without a jury, erroneously awarded any of the husband’s separate personal property by way of equitable division, and, if so, whether such an award was reversible error. We find that the court did err, and that the judgment must be reversed because of the error.

1. We start with the principle that under Stokes v. Stokes, 246 Ga. 765 (273 SE2d 169) (1980), “only the real and personal property and assets acquired by the parties during marriage is subject to…