2020 Georgia Code
Title 19 - Domestic Relations
Chapter 5 - Divorce
§ 19-5-7. Transfer of Property After Filing of Petition; Lis Pendens Notice

Universal Citation:
GA Code § 19-5-7 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

After a petition for divorce has been filed, no transfer of property by either party, except a bona fide transfer in payment of preexisting debts, shall pass title so as to avoid the vesting thereof according to the final verdict of the jury in the case; provided, however, that the title to real property shall not be affected by the filing of an action for divorce unless a notice of lis pendens, as provided for by Code Section 44-14-610, 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.

(Orig. Code 1863, § 1677; Code 1868, § 1720; Code 1873, § 1721; Code 1882, § 1721; Civil Code 1895, § 2436; Civil Code 1910, § 2955; Code 1933, § 30-112; Ga. L. 1950, p. 365, § 1; Ga. L. 1979, p. 466, § 3; Ga. L. 1999, p. 81, § 19.)

RESEARCH REFERENCES

8C Am. Jur. Pleading and Practice Forms, Divorce and Separation, § 407.

C.J.S.

- 27A C.J.S., Divorce, § 212.

ALR.

- Statute requiring filing of formal notice of lis pendens in certain classes of cases as affecting common-law doctrine of lis pendens in other cases, 10 A.L.R. 306.

Right of husband or wife to maintain replevin against other, 41 A.L.R. 1054.

Divorce as affecting estate by entireties, 52 A.L.R. 890; 59 A.L.R. 718.

Injunction pendente lite in suit for divorce or separation, 164 A.L.R. 321.

Trust income or assets as subject to claim against beneficiary for alimony, maintenance, or child support, 91 A.L.R.2d 262.

Appointment or discharge of receiver for marital or community property necessitated by suit for divorce or separation, 15 A.L.R.4th 224.

Lis pendens as applicable to suit for separation or dissolution of marriage, 65 A.L.R.4th 522.

Divorce and separation: effect of court prohibiting sale or transfer of property on party's right to change beneficiary of insurance policy, 68 A.L.R.4th 929.

Divorce and separation: health insurance benefits as marital asset, 81 A.L.R.6th 655.

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