§ 19-5-7.Transfer of property after filing of petition; lis pendens notice
Chapter 5. Divorce · Last amended 1999 · Last verified October 9, 2026
Full Text of § 19-5-7
Plain-English Summary
Once a divorce petition is filed, neither spouse can move property out of the case’s reach by transferring it. The section says that after filing, no transfer of property by either party shall pass title so as to avoid the vesting of title according to the final verdict. Put plainly, a transfer made to dodge the eventual division does not defeat it. One kind of transfer is exempt: a bona fide transfer in payment of preexisting debts — a good-faith payment of a debt that existed before the filing.
Real estate gets different treatment. Title to real property is not affected by the filing of a divorce unless a notice of lis pendens — a recorded notice that a lawsuit concerning the property is pending — is filed under Code Section 44-14-610. The notice must be filed in the office of the clerk of the superior court of the county where the land is located, and it must be recorded by the clerk. That county may differ from the county where the divorce is pending. Without the notice, the divorce filing alone does not cloud the title to the land.
Other sections reinforce this protection. Under § 19-6-1(e), while a party’s right to alimony is pending, neither party may make a substantial change in their assets except in the ordinary course of business or by bona fide transfers for value. Under § 19-1-1(b)(4), the court may issue a standing order restraining both parties from selling, encumbering or removing property without the court’s permission, except in the ordinary course of business or in an emergency created by the other party. Section 19-6-35 lets a child support obligee attack a fraudulent conveyance as a creditor would.
Frequently Asked Questions
Can my spouse sell our house during a Georgia divorce?
This section protects land only through a recorded notice. Title to real property is not affected by the divorce filing unless a notice of lis pendens is filed with the clerk of the superior court in the county where the property sits and is recorded there. Without that notice, the filing alone does not cloud the title. Separately, a standing order under § 19-1-1(b)(4), if the court issues one, can restrain both parties from selling property without the court’s permission.
What is a lis pendens in a Georgia divorce?
A notice of lis pendens is a recorded notice that a lawsuit involving a piece of land is pending. Under this section, a divorce filing does not affect title to real property unless that notice, as provided by Code Section 44-14-610, is filed with the clerk of the superior court in the county where the land is located and recorded by the clerk.
Can my spouse give away money or property after I file for divorce?
Not in a way that defeats the verdict. After the 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 lis pendens notice is recorded. Section 19-6-1(e) also bars substantial changes in assets while alimony is pending, with stated exceptions.
Can I still pay debts while my Georgia divorce is pending?
This section exempts a bona fide transfer in payment of preexisting debts — debts that existed before the filing. Section 19-6-1(e), which applies while alimony is pending, permits changes in the ordinary course of business and bona fide transfers for value. A standing order under § 19-1-1, if one is issued, has its own terms, so read it closely.
Where do I file a lis pendens notice in a Georgia divorce?
In the office of the clerk of the superior court of the county where the real property is located. The clerk records the notice in a book kept for that purpose. If the land sits in a different county from the one where the divorce is pending, the notice goes to the county where the land is.
Amendment History
Laws 1950, p. 365, § 1; Laws 1979, p. 466, § 3; Laws 1999, p. 81, § 19.
Formerly Code 1863, § 1677; Code 1868, § 1720; Code 1873, § 1721; Code 1882, § 1721; Civil Code 1895, § 2436; Civil Code 1910, § 2955; Code 1933, § 30-112.