A lis pendens in a Georgia divorce has to be filed in the right place and has to contain six specific things.
Where It Goes
OCGA 19-5-7 requires the notice to be filed with the clerk of the superior court of the county where the real property is situated, and recorded by that clerk in the book kept for that purpose. The county that matters is where the land is, not where the divorce is pending, and the two are often different.
What It Must Contain
OCGA 44-14-610 sets out the contents. The notice must give (1) notice that the action has been instituted, (2) the names of the parties, (3) the time the action was instituted, (4) the name of the court in which it is pending, (5) a description of the real property involved, and (6) a statement of the relief sought as to that property.
Leaving an Item Out Is a Real Risk
Vance v. Lomas Mortgage USA, Inc., 263 Ga. 33 (1993), shows why the list is worth working through. A wife filed a notice in her divorce that named the parties, gave the civil action number, named the court, described the property in full, and set out her claim to half its equity. It did not separately state the time the action was instituted. The trial court held the notice invalid for that omission. The Georgia Supreme Court decided the appeal on other grounds and never ruled on the point, so the question was left open.
None of this happens by itself. As Eavenson v. Parker, 261 Ga. 607 (1991), puts it, there is no lis pendens as to real property until the notice is actually filed and recorded.
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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!