A divorce legal action can be one of the most complex legal issues many will ever face. Issues such as child custody, child support, spousal support and the division of assets are just of few of the matters that will be decided. The right to certain types of property in the marriage is an area where there can a high degree of litigation. This can be further complicated by one of the parties attempting to hide or dispose of property prior to the conclusion of the divorce legal proceedings. Georgia law has a provision designed to prevent one party from unfairly denying property to another party in a divorce action. O.C.G.A §19-5-7 provides some direction on this issue.
In particular O.C.G.A §19-5-7 – Transfer of property after filing of petition; lis pendens notice states that 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. Essentially, a notice of lis pendens can be used to prevent a spouse from selling property, such as real estate, while the divorce action is pending. These notices can be quite effective because they put potential buyers on notice that there is a dispute concerning the property. When it comes to real estate sales most potential buyers will not invest their time and resources into a property that is subject to a lis pendens notice.
It is important to consult with an experienced attorney to ensure that your rights are protected. The Faucette Law Firm represents clients in the Douglasville and Atlanta area. We specialize in divorce, custody, child and spousal support and modifications. If you have any questions regarding lis pendens notices or any family law related matter contact our law firm today for a consultation.