Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Brown v. Brown

The plaintiff was not entitled to a default judgment against her mother-in-law with regard to marital property that was titled in the mother-in-law's name since O.C.G.A. § 9-11-55 does not apply to divorce actions.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellee Sharon Brown filed suit for divorce against her spouse, and named her mother-in-law, appellant Jean Brown, as a co-defendant. The gravamen of the claim against appellant was that certain real property titled in her name actually belonged to appellee and her husband, and was, therefore, subject to equitable division in the divorce proceeding. See generally DeGarmo v. DeGarmo, 269 Ga. 480, 481 2 499 SE2d 317 1998. The complaint was served on appellant on March 11, 1998, but she did not file an answer until October 26, 1998. Before the case was called for trial in April of 1999, appellee moved for default judgment against appellant. The trial court granted the motion, and entered a default judgment establishing that appellant held the property in trust for the benefit of appellee and her husband. The jury’s subsequent verdict mandated a sale of the property, with a designated amount of the proceeds used to pay marital debts and any balance awarded to appellant. We granted appellant’s application for discretionary appeal, in order to determine whether the trial court erred in entering default judgment against her.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs