United Community Bank brings this interlocutory appeal from the denial of its motion for summary judgment in its action to declare Frank Pack the sole owner of a parcel of land he used as security for certain loans. The bank relies on the divorce decree between Frank Pack and his former wife, Jeanette Pack. But that reliance is misplaced. Whatever the effect of the divorce decree on the mutual rights and obligations of the parties to the divorce, the decree does not have the force and effect of a deed as to the subject property because it does not describe that property with the requisite specificity. We therefore agree with Frank Pack and Jeanette Pack that, notwithstanding the terms of the decree, the property remains their joint property; and the denial of the bank’s motion for summary judgment must be affirmed.
To prevail on a motion for summary judgment under OCGA § 9-11-56, the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law. Moreover, “on appeal from the denial or grant of summary judgment the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citations omitted. Benton v. Benton, 280 Ga. 468, 470 629 SE2d 204 2006. Viewed in this light, the evidence showed that Frank Pack and Jeanette Pack were married and owned certain property jointly, including the Union County tract at issue. The Packs divorced in 2000. Pursuant to the divorce decree, Jeanette Pack was awarded
