In this contempt case, the trial court ruled that certain real property was not encompassed in the final judgment and divorce decree, and thus remained the joint property of the parties. This Court granted an application for discretionary appeal, and we now affirm the trial court’s order. On December 11, 1995, Janelle Maria Crocket, f/k/a Gonzalez, “Crocket” and her then-husband, Ruben Mendoza Gonzalez, purchased a 26.9-acre tract of land for $53,000. The tract was titled in both of their names. To facilitate financing for the construction of a house, they subdivided the property to create a five-acre tract, upon which the house was built, surrounded by the remaining 21.9 acres. While the five-acre residential parcel was encumbered with deeds to secure debt,1 it does not appear that the 21.9 acre tract was ever put forth as security for a loan. The properties were taxed separately, but the 21.9-acre property was never assigned a street address separate from that of the five-acre parcel; no fences or dividing lines separated the tracts.
The couple decided to divorce and, on June 28, 2004, they executed a settlement agreement. A final judgment and decree of divorce dissolving the marriage was entered on August 26, 2004; it incorporated the June 28, 2004 agreement. That agreement provided in part: the parties agree that Gonzalez shall retain permanent exclusive possession of the marital residence at 1846 Glenloch Road, Franklin, Georgia 30217. Gonzalez shall execute any and all documents necessary to remove Crocket’s name from said residence. Gonzalez agrees to refinance the marital residence in his name only and give to Crocket the amount of $25,000.00 representing her portion of the equity out of the marital residence.2 Earlier, on June 21, 2004, Gonzalez refinanced the loans for the five-acre tract upon which the house was located, solely in his name; he received $18,526.72, which he paid to Crocket pursuant to their agreement. On June 29, 2004, Crocket executed a quitclaim deed in Gonzalez’s favor for the five-acre tract.
