You can ask a Georgia court to enjoin your spouse from selling or encumbering property while the divorce is pending, but you have to give the court a reason to believe it is about to happen.
You Have to Ask, and You Have to Show Something
This kind of injunction is not automatic – a party has to request it. OCGA 9-5-8 leaves the decision to the judge’s sound discretion, and Georgia courts require a showing of actual danger before restraining an owner from dealing with his own property.
Brannen v. Brannen, 208 Ga. 88 (1951), is the case that says so. The trial court had enjoined the husband from disposing of his property, changing its status, or withdrawing bank funds except in set amounts. The Georgia Supreme Court reversed that part of the order because there was no evidence the husband “was attempting or even contemplating the transfer or encumbrance of his property to defeat his wife’s claim for alimony.”
Evidence that your spouse has listed the house, moved money, or said he intends to sell is what courts look for.
Once the Order Is In Place, It Is Hard to Loosen
In Kelley v. Kelley, 228 Ga. 639 (1972), the husband was restrained from selling land he owned in Cobb County. He later asked the court to let him pledge part of it as collateral for a $14,000 loan, and the trial judge agreed. The Georgia Supreme Court reversed, because his petition gave no facts about the amount of his debts, the condition of his assets, or the effect an encumbrance would have on his ability to pay an alimony judgment.
Separate from any injunction, filing a divorce in Georgia imposes automatic limits on transfers, and some circuits also issue a standing order at filing.
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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!