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HB 1109 - Divorce; real property; certificate of court order

Squires, Mary (78th)

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First Reader Summary

A BILL to amend Chapter 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, within 30 days after granting the order, the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located; and for other purposes.

Code Sections - 19-5-13.1

HB 1109                                            LC 22 3778 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 5 of Title 19 of the Official Code of 
  1- 2  Georgia Annotated, relating to divorce, so as to provide 
  1- 3  that when a court awards real property or an interest in 
  1- 4  real property located in this state in any judgment or 
  1- 5  decree issued pursuant to said chapter, within 30 days after 
  1- 6  granting the order, the court shall cause a certificate for 
  1- 7  the order to be filed with the clerk of the superior court 
  1- 8  in the county of this state where the real property or any 
  1- 9  part of the real property is located; to provide that the 
  1-10  filing of the certificate provided for in Code Section 
  1-11  19-5-13.1 shall serve as notice to bona fide purchasers and 
  1-12  lenders for value; to provide for the filing of such 
  1-13  certificates in the deed records of the county or counties 
  1-14  in which the property is located; to provide for the 
  1-15  contents of such certificate; to provide for practices, 
  1-16  procedures, and requirements relating to such certificate 
  1-17  and the filing thereof; to provide for costs and the payment 
  1-18  thereof; to provide an effective date; to provide for 
  1-19  applicability; to repeal conflicting laws; and for other 
  1-20  purposes. 
 
  1-21       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-22                           SECTION 1. 
 
  1-23  Chapter 5 of Title 19 of the Official Code of Georgia 
  1-24  Annotated, relating to divorce, is amended by adding, 
  1-25  following Code Section 19-5-13, a new Code Section 19-5-13.1 
  1-26  to read as follows: 
 
  1-27    "19-5-13.1. 
 
  1-28    (a) When a court awards real property or an interest in 
  1-29    real property located in this state in any judgment or 
  1-30    decree issued pursuant to this chapter, within 30 days 
  1-31    after granting the order, the court shall cause a 
  1-32    certificate for the order to be filed with the clerk of 
  1-33    the superior court in the county of this state where the 
  1-34    real property or any part of the real property is located. 
 
 
 
                                 -1- 
 
 
 
  2- 1    The filing of the certificate provided for in this Code 
  2- 2    section shall serve as notice to bona fide purchasers and 
  2- 3    lenders for value.  The certificate shall: 
 
  2- 4      (1) Identify the individual to whom the real property or 
  2- 5      interest was awarded and the individual from whom the 
  2- 6      real property or interest was transferred; 
 
  2- 7      (2) Identify the interest received; 
 
  2- 8      (3) Contain a legal description sufficient under the 
  2- 9      laws of this state to pass title to the real property in 
  2-10      which the interest was received, provided that the words 
  2-11      'Also lands in _______________________ County(ies),' 
  2-12      which accurately identify other counties within which 
  2-13      the real property is located, shall be sufficient to 
  2-14      describe real property located outside the county to 
  2-15      which the order or a copy of the order was sent; and 
 
  2-16      (4) Contain a certification by the court that the 
  2-17      information in the certificate is correct. 
 
  2-18    (b) The certificate to be filed pursuant to subsection (a) 
  2-19    of this Code section shall be accompanied by the same fee 
  2-20    required for the filing of deeds with the clerk of the 
  2-21    superior court.  The filing fee and any fee for the 
  2-22    certificate shall be taxed as costs to the party or 
  2-23    parties, as determined by the court. 
 
  2-24    (c) The clerk of any superior court receiving the 
  2-25    certificate provided for in subsection (a) of this Code 
  2-26    section shall file and record the certificate upon the 
  2-27    deed records of that county.  The certificate shall be 
  2-28    indexed according to the names appearing on the 
  2-29    certificate as follows: 
 
  2-30      (1) The grantor is the name of person from whom the real 
  2-31      estate or interest was transferred; and 
 
  2-32      (2) The grantee is the name of the individual or 
  2-33      individuals to whom the award was made. 
 
  2-34    (d) Upon the filing and recording of the certificate, as 
  2-35    provided for in subsection (c) of this Code section, the 
  2-36    certificate shall be returned to the court which awarded 
  2-37    the property or interest for inclusion in the court's 
  2-38    permanent file.  The court shall not be required to enter 
  2-39    a certificate on the minutes of the court after the return 
  2-40    of a certificate recorded pursuant to subsection (c) of 
  2-41    this Code section." 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 2. 
 
  3- 2  Notwithstanding the provisions of Code Section 1-3-4.1, this 
  3- 3  Act shall become effective on the first day of July 
  3- 4  following the approval of this Act by the Governor or its 
  3- 5  becoming law without such approval, and the provisions of 
  3- 6  this Act shall be applicable to all awards of real property 
  3- 7  made on or after such effective date. 
 
  3- 8                           SECTION 3. 
 
  3- 9  All laws and parts of laws in conflict with this Act are 
  3-10  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-