Property your divorce decree does not describe is not divided by it. It stays titled exactly as it was the day before the decree was entered.
The Rule
In Stanley v. Stanley, 281 Ga. 672 (2007), the Georgia Supreme Court quoted the settled statement of it from Cale v. Cale, 242 Ga. 600 (1978): “title to property, including jointly owned property, not described in the verdict and judgment is unaffected by the divorce decree and remains titled in the name of the owner or owners before the decree was entered.”
The same passage says what happens next. Future questions about jointly owned property “should be treated as they arise, without regard to the previous status of the parties as husband and wife.” You are ex-spouses about everything else and ordinary co-owners about that asset.
A Judge Does Not Have to Divide Anything
In Stanley the trial court entered what it called “a generic final judgment and decree of divorce,” ending the marriage and awarding neither spouse any property, alimony, or attorney fees. The Supreme Court affirmed. Everything the couple owned stayed where it was.
Catch-All Clauses Do Not Save You
In United Community Bank v. Pack, 320 Ga. App. 484 (2013), a decree awarded the wife three named tracts and gave the husband “all right, title and interest in any property jointly owned by the parties not herein awarded” to her. He later pledged another jointly owned tract to a bank and defaulted.
The Court of Appeals held the decree never took her interest away, because “parties to a divorce decree must specifically describe and dispose of property in which both parties have an interest or the decree will not divest either party of their interest in the property.” Thirteen years after the divorce, they still owned it together.
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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!