Georgia once had a statutory recording step for agreements like these. It is no longer on the books.
The Old Rule
Under the former version of Article 3 of Title 19, Chapter 3, an agreement transferring property between spouses was not effective against a third party with an interest in that property unless it was reduced to writing and recorded in the superior court of the county where a party resided. If the parties lived outside Georgia and the agreement involved real estate, recording went to the superior court in the county where the land was located.
Older sources still describe that requirement, and it is worth knowing why they do.
What Changed in 2018
The General Assembly rewrote Article 3 effective July 1, 2018. Two things happened together.
OCGA 19-3-67, which supplied the recording machinery, was repealed. Article 3 now ends at OCGA 19-3-66.
At the same time, OCGA 19-3-62 was rewritten to speak only to antenuptial agreements. It now provides that “[a]n antenuptial agreement shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public.” It says nothing about separation agreements, and nothing about recording.
What That Means for You
There is no longer a Title 19 recording step that determines whether your separation agreement binds someone outside your marriage.
That is not a reason to ignore third parties. If your agreement transfers real estate, the deed carrying out that transfer is governed by Georgia’s ordinary real property recording law, and a spouse’s creditors have their own remedies. What is gone is the specific rule that recording in superior court was what gave the agreement effect against outsiders.
Contact Us
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!