My spouse quit claimed the house to me in order to get it mortgaged since he was not employed at the time. You can download one from the county's website, and you can either fill it out electronically or print it and complete it manually. You determine through your due diligence that the seller isn’t actually the owner, and it is your responsibility to find the true owner in order to get the rights to the house. If you are charging for the property, you will have to file transfer tax forms along with the filing of your quit claim in Georgia. If your ex-spouse defaults, your recourse will be to go back to the court that granted the divorce. Q: Why is a quitclaim deed required if everything is in my name? A quit claim deed is a complete transfer from the grantor (person granting) to the grantee (person receiving) with no guarantee of the validity of the interest. Because a quit claim deed doesn't transfer clear title, and because there's no sale of property or real money changing hands, the transfer goes forward without a title company and without a closing. Deeds, properly recorded, are required for all real estate transactions in the state of Georgia. My spouse and I have executed a separation agreement giving me an equity payout upon his refinancing or selling our home. If my ex dies, or loses his job, or the mortgage payments are not made, does his attorney then own the home? You will have to use different methods to transfer ownership or responsibility for debts, vehicle titles and real estate. Award the property to either spouse. If one of you dies, the property automatically goes to the other. Terms of Use. How would the judge decide to divide the equity in my home if I were to divorce? Tenancy by the entireties. Designed by Elegant Themes | Powered by WordPress, Estates, Trusts, Wills, Probate – Georgia, Sonia Coleman – Office Manager, Case Manager, Paralegal, Child Support and Alimony Obligations in Bankruptcy. You can, indeed, transfer your interest in a piece of real property to another person or entity with a quit claim deed in Georgia. What Debts are Discharged in a Chapter 7 Bankruptcy? In fact, a quit claim deed can be filed even if the grantor has no legal right to the property, leaving the grantee (the person being given or sold the property) empty-handed. Disclaimer: Communications between you and LegalZoom are protected by our The document is often used in the event of a divorce, or death and essentially allows the Grantor, to “quit” or give away their portion of the interest in the property. While you will not need a lawyer, a notary will need to be present to notarize the signatures of both parties to the quit claim deed Georgia. The divorce process can be a particularly emotional and vulnerable time. One of the most common questions I get: If I want to transfer ownership of this property to another person, why can’t I just use a quit claim deed?Well, the answer is simple. If my husband is sued, can I lose my home? The clerk's office will tell you what is due upon filing; this amount will include actual filing fees as well as transfer taxes, if you are required to pay them. If a quit claim deed is required and he refuses to sign it, you can take your ex-husband back to court for violating the terms of your divorce decree. Q: What if my spouse refusing to sign the quitclaim deed? A: If both spouses agree to the terms of a divorce settlement, a quitclaim deed is the fastest, easiest and least expensive way to remove your spouse's name from the deed to the property. See § 44-14-210 and § 48-4-44 of the Official Code of Georgia to learn more about quitclaim deed laws. But when a fairly polite and civil uncontested divorce becomes contested, things can get exponentially worse. Stockbyte/Stockbyte/Getty Images. Of course — if you act with due diligence. Because a quit claim deed Georgia is so easy to write out and file, most people do not need a lawyer for the actual writing and filing of the deed. The Georgia quit claim deed is a legal document that is used by a Grantor (seller) as an easy way to sell or gift the property, without warranty. The mortgage for our house was originated in my name only to get a better interest rate, but both our names are listed on the deed. Q: Will the judge force me to sign the quitclaim deed? Q: Is me ex entitled to enter our home after signing the quitclaim deed? 4 A quit claim deed will remove your ex-spouse from the title of real-estate you've been awarded in your divorce. Sometimes it’s best to take things slow and go through the proper channels. All too frequently, people assume that their divorce decree or court order will automatically divide or dispose of the property. When choosing legal separation or divorce you should understand how they compare and how they would impact your life. US, CONTACT You should consult an attorney for individual advice regarding your own situation. A quit claim deed is one of the simplest kinds of deeds. The clerk's office will not accept the form if the grantor's signature is not notarized. The Georgia quit claim deed is a legal document that is used by a Grantor (seller) as an easy way to sell or gift the property, without warranty. Don't make these common mistakes. Does he have the right to enter the home? I have been separated for four years and am attempting to sell my house. You can use a quit claim deed to: There’s something about the phrase “quit claim deed” that makes people want to use it. Is this form really necessary for me to sell my house? A lawyer may be useful for identifying whether your proposed use of a quit claim deed is the best way to transfer a piece of property.

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