"Lis pendens" is a Latin term meaning "pending lawsuit." In real estate, it is a formal notice recorded in the public property records indicating that the property is the subject of ongoing litigation. Understanding what a lis pendens is — and what it does to a property transaction — is important for anyone attempting to list or sell a home while a divorce is pending.
What a Lis Pendens Does in a Georgia Divorce
Once a divorce action is pending, either party can file a lis pendens against the marital home. This creates what is called a cloud on the title — a formal notice to any potential buyer, lender, or title company that the property is subject to active legal proceedings.
A lis pendens is a public record. It appears in property searches and in title reports, meaning anyone conducting due diligence on the property will see it.
The Practical Impact on a Home Sale
An active lis pendens effectively makes the property difficult or impossible to sell or refinance until the litigation is resolved. Title companies typically will not insure a property with an active lis pendens — and without title insurance, most buyers and lenders will not proceed with a transaction.
This means that even if both parties agree to sell the home, a lis pendens filed by one party can stall or halt the transaction entirely until the cloud on title is resolved.
Why a Lis Pendens Might Be Filed
A lis pendens is a protective tool. If one spouse is attempting to sell, transfer, or otherwise dispose of the marital home without the other's consent, the other spouse can file a lis pendens to halt the transaction and protect their interest in the property.
When used appropriately, it serves as a check on unilateral action. Georgia courts can award damages for wrongful filing of a lis pendens — but if a legitimate claim exists, it is a valid and recognized legal tool.
How a Lis Pendens Is Resolved
A lis pendens is typically released when the underlying litigation is resolved — either through a court order, a settlement agreement, or by the party who filed it voluntarily releasing the notice. Once released, the cloud on title is cleared and the property can proceed through a normal sale process.
In some cases, parties can negotiate a release of the lis pendens as part of a broader agreement about how the sale proceeds will be handled — with escrow arrangements or court-supervised disbursement providing the protection that the lis pendens was originally intended to supply.
What to Check Before Listing
If you are attempting to list and sell the marital home while a divorce is pending, confirming whether a lis pendens has been recorded is a necessary early step. This is part of a standard title search — your real estate attorney or title company can conduct this search.
Discovering a lis pendens after a buyer is under contract creates complications that are better avoided. Title clarity at the start of the listing process saves time and protects all parties involved.
For Additional Reading
- What Is a Notice of Lis Pendens and How May It Impact My Georgia Divorce Case? — Meriwether & Tharp
- Lis Pendens in Real Estate: What You Need to Know — Daughtrey Law, Jan 2025
- Can You Sell a House With a Lis Pendens or Pending Lawsuit? — HomeLight
- Using a Lis Pendens in a Georgia Divorce — Stearns Law
- Can You Sell a House with Lis Pendens? — FastExpert
