Filing for divorce in Georgia does not by itself protect the house. Real estate is protected only if a notice of lis pendens is recorded.
What the Statute Says
OCGA 19-5-7 restricts transfers of property once a divorce petition is filed, but it carves real estate out of that protection unless you take one more step. Under the statute, “the title to real property shall not be affected by the filing of an action for divorce unless a notice of lis pendens … is filed in the office of the clerk of the superior court of the county in which the real property is situated and is recorded by the clerk in a book kept by him for that purpose.”
A lis pendens is a public record telling anyone who searches the title that the property is tied up in a pending case.
What Happens Without One
In Eavenson v. Parker, 261 Ga. 607 (1991), a divorce decree divided real property between former spouses. No lis pendens notice was ever filed, and no notice of the decree was recorded. The former wife then gave a third party a security deed to her half interest. The Georgia Supreme Court held the third party was a bona fide purchaser for value without notice, and his interest under the security deed beat the former husband’s interest under the divorce decree.
What a Lis Pendens Does Not Stop
It does not defeat a creditor with a legitimate older debt. In Schofield v. Fearon, 169 Ga. App. 924 (1984), a wife filed a lis pendens on property titled in her husband before his creditors recorded a consent judgment. The creditors won anyway, because their lien attached before the divorce decree awarded her the property. She took it subject to their lien.
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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!