Judgment in this contempt case AFFIRMED; 21.9 acres, which surrounded parties’ 5-acre residential parcel, was not encompassed in their final judgment and divorce decree, and thus remained joint property; trial court did not improperly modify its decree, when it clarified that its reference in in decree to marital residence at stated address meant only 5-acre tract on which parties’ home sat, and not surrounding 21.9 acres, which parties also owned; appellant’s own actions belied his contention that marital residence described both tracts of land, since parties’ agreement provided that appellant would ‘
refinance the marital residence in his name only,”‘ which he did, refinancing debt on only 5-acre tract and its attendant house, appellant did not seek contempt citation until two years after appellee executed quitclaim deed to 5-acre tract, and he twice paid half taxes on 21.9-acre parcel, after appellant executed that deed; appellant’s contention that opinion in Messadi v. Messadi, 282 Ga. 126 (2007), stood for proposition that language, marital residence at stated address, required that term also encompass 21.9-acre tract on basis that it was never assigned street address different from that of lot upon which house sat, rejected, since fact that adjacent lot in Messaadi had separate address, and was not embraced by award of marital residence located at stated address, did not mean that use of term martial residence in concert with specific address would necessarily embrace separate lot when there not separate address.

Gonzales v. Crocket, S10A0452 (06/28/2010), 10 FCDR 2066

From:  Fulton County Daily Report (07/09/2010.