The marital home provision in a Georgia divorce agreement covers exactly what its words describe, and a court will not order the house sold unless the agreement says so.
What “Marital Home” Includes
In Johnston v. Johnston, 281 Ga. 666 (2007), the decree gave the wife half the equity in “the marital home.” The home turned out to be a mobile home sitting on land the husband owned before the marriage. Because “[t]he word ‘home’ is not unambiguous as a matter of law,” the trial court could clarify that the wife shared only in the mobile home, not the land.
Similarly, in Gonzalez v. Crocket, 287 Ga. 430 (2010), a husband kept “the marital residence at 1846 Glenloch Road,” a five-acre tract carved out of a larger parcel. The surrounding 21.9 acres were never described in the agreement, so they stayed jointly owned. Property that a decree does not specifically describe and dispose of remains titled as it was before.
No Sale Unless You Agreed to One
In Stone v. Stone, 358 Ga. App. 231 (2021), the wife was awarded possession and a half interest in the home and agreed to pay the association dues and half the taxes and insurance. When she fell behind, the trial court ordered the house sold. The Court of Appeals reversed, because “neither the divorce decree nor the settlement agreement specified a remedy if Brandy failed to make those payments.”
A Payment Date Is a Payment Date
In Horwitz v. Weil, 275 Ga. 467 (2002), the husband owed the wife the net proceeds of the house, up to $50,000, “upon the sale of the marital residence or on April 1, 2001, whichever event first occurs.” He never sold. The Supreme Court held that his obligation became unconditional on that date, measured by a hypothetical sale at market value, because otherwise he “could evade payment simply by waiting.”
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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!