§ 19-5-13.Disposition of property in accordance with verdict
Chapter 5. Divorce · Not amended since adoption on record · Last verified October 9, 2026
Full Text of § 19-5-13
Plain-English Summary
When a jury decides how a divorcing couple’s property is divided, someone has to turn that verdict into orders that move titles and money. This section gives that job to the court. The jury’s verdict disposing of the property “shall be carried into effect by the court” — the duty is mandatory.
The court has two kinds of tools. It may enter a judgment or decree that reflects the verdict. Or it may take “such other steps as are usual in the exercise of the court’s equitable powers” to carry out the verdict effectually and fully. The section does not list those steps; it gives the court the ordinary range of powers a court of equity uses to make its orders work.
A jury decides property in a divorce only in limited cases. Under § 19-5-1, the judge decides divorce and permanent alimony cases unless an issuable defense is filed and a party demands a jury in writing on or before the call of the case for trial. Section 19-5-7 protects the jury’s eventual verdict from the start: after the petition is filed, transfers of property (other than bona fide payments of preexisting debts) do not pass title so as to avoid the verdict, and real estate is protected through a recorded lis pendens notice. Section 19-5-17 directs the jury or judge to determine the parties’ rights when the divorce is granted, and § 19-5-14 allows a new trial as in other cases.
Frequently Asked Questions
Who divides property in a Georgia divorce, the judge or a jury?
Usually the judge. Under § 19-5-1, the judge decides all issues unless an issuable defense is filed and either party demands a jury in writing on or before the call of the case for trial. When a jury does decide the property division, this section requires the court to carry the jury’s verdict into effect.
What happens after a jury divides our property in a Georgia divorce?
The court must put the verdict into effect. This section says the court shall carry out the jury’s property verdict by entering a judgment or decree, or by taking other steps usual in the exercise of its equitable powers, so the verdict is carried out effectually and fully.
What if my ex won’t sign over property the jury awarded me?
The court has the duty and the tools to enforce the verdict. This section directs the court to carry the jury’s property verdict into effect by judgment or decree or by other steps usual in the exercise of its equitable powers. The section does not list specific remedies, so how the court proceeds depends on the situation.
Does the court have to follow the jury’s property verdict?
The section says the verdict “shall be carried into effect by the court,” so the court’s role is to execute it. A party who believes the verdict is wrong may seek a new trial, which § 19-5-14 allows in divorce cases as in other cases.
What protects property before the jury decides?
Section 19-5-7. After the divorce petition is filed, no transfer of property by either party passes title so as to avoid vesting under the final verdict, except a bona fide transfer in payment of preexisting debts. Real estate is protected only if a notice of lis pendens is filed and recorded in the county where the land is located.
Amendment History
Formerly Code 1863, § 1680; Code 1868, § 1723; Code 1873, § 1724; Code 1882, § 1724; Civil Code 1895, § 2442; Civil Code 1910, § 2961; Code 1933, § 30-118.