Filing a divorce petition in Georgia immediately restricts what either spouse can do with property, without anyone asking a judge.
Two Statutes That Operate on Their Own
Under OCGA 19-5-7, once a divorce petition is filed, “no transfer of property by either party, except a bona fide transfer in payment of preexisting debts, shall pass title” so as to defeat the final verdict. A buyer from your spouse mid-divorce takes subject to what the court decides.
While alimony is being decided, OCGA 19-6-1(e) adds that “neither party shall make any substantial change in the assets of the party’s estate except in the course of ordinary business affairs and except for bona fide transfers for value.”
Neither requires a motion, a hearing, or an order. They apply by force of statute alone, unlike an injunction, which a party has to ask for.
It Takes a Divorce Action
In Davis v. Leach, 228 Ga. 139 (1971), a wife sued for alimony only, without a divorce, and recorded a notice of lis pendens. Her husband sold the land anyway. The Georgia Supreme Court held the statute “did not apply to suits for alimony alone but applied to cases where a divorce proceeding was pending,” so the buyer kept the property.
Two Other Limits
Real property is the gap: title to land is not affected unless a notice of lis pendens is recorded in the county where the land sits.
The restraint also lasts only as long as the case. In Chatsworth Lumber Co. v. White, 214 Ga. 798 (1959), the wife died before a final verdict, ending the suit. The restriction is strictly construed, the court held, and abated with the case, so her husband’s later sale was good. Both cases construed an earlier version aimed only at the husband; the statute now reaches either party.
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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!