Unilateral Home Decisions Before Filing: What You Cannot Do

The period before a divorce is filed is one where people often believe they have more freedom to act on the marital home than they actually do. In Georgia, the marital home is jointly controlled by both spouses — regardless of whose name is on the title. Acting without the other spouse's knowledge or consent on major property decisions creates legal exposure that can follow you into the proceedings.

Understanding what requires both parties' consent — and what courts treat as improper unilateral action — is essential before any steps are taken regarding the property.

Actions That Require Both Spouses' Consent

The following actions cannot be taken by one spouse alone with respect to the marital home:

• Listing the home for sale with a real estate agent
• Accepting an offer or signing a sales contract
• Refinancing the mortgage
• Taking out a home equity loan or line of credit
• Changing the locks to exclude the other spouse
• Making major structural changes or renovations without agreement

Actions That One Spouse Cannot Do Unilaterally

Beyond the actions requiring consent, certain actions are categorically not available to one spouse acting alone:

• Transferring ownership of the property or altering the title without the other spouse's participation
• Removing a spouse from the mortgage (this requires lender consent and typically refinancing, not a unilateral act)
• Extracting cash from the home's equity through a refinance or HELOC without the other spouse's knowledge and agreement

What Happens If One Spouse Acts Anyway

If one spouse takes unilateral action on the marital home, the other spouse has legal recourse. The most immediate option is filing for an emergency temporary restraining order (TRO) to halt the action — such as stopping a pending sale or refinancing transaction. Georgia courts can move quickly when the marital estate is at risk.

Beyond halting the action, courts take note of how each spouse behaved with respect to marital assets during the period leading up to and during the divorce. A pattern of unilateral decisions can affect credibility in the proceeding and, in some cases, influence how the court views equitable distribution.

Dissipation of Marital Assets

Georgia courts consider "dissipation of marital assets" when making equitable distribution decisions. Dissipation refers to the deliberate misuse, waste, or destruction of marital property — including actions that reduce the estate's value for the other spouse's benefit.

Pulling equity out of the home through a HELOC without consent, making unnecessary improvements that benefit one party only, or allowing the property to fall into disrepair can all be framed as dissipation in a divorce proceeding. Courts have discretion to account for this when dividing the remaining estate.

A Note on Recording Conversations

Georgia is a one-party consent state for recording conversations — meaning one participant in a conversation may legally record it without notifying the other parties. However, how those recordings are used in legal proceedings is a separate matter governed by rules of evidence. This is a question for legal counsel.

The Practical Implication

Before any steps are taken regarding the marital home — listing it, contacting lenders, making changes to the property — both spouses' positions need to be accounted for. Working with a real estate professional who understands the divorce context, alongside legal counsel, ensures that the process moves forward on documented, agreed terms rather than creating new disputes.