Legal Question in Family Law in Georgia
divorce - quitclaim deeds
Must a wife's name be added to a home's warranty deed first in order to get a quitclaim deed from an ex-spouse or can he just sign the quitclaim deed over to her without adding her name to the original deed?
2 Answers from Attorneys
Re: divorce - quitclaim deeds
You badly need to retain a lawyer - now. There are many pitfalls in a divorce with property that cannot be fixed after you mess it up. Call a lawyer right away to review things.
Names are NOT added to deeds and there also need to be other documents done correctly. A transfer, at a minimum, involves a proper new deed and separation agreement with the correct language (and the language you need is not found in any form as it must be tailored to your case). If there is a loan, there may be additional issues that need to be addressed.
Re: divorce - quitclaim deeds
With such a vague question, no facts, and no mention of what you are trying to accomplish, you won't like get much help. Further, what about any loan documents that have restrictions on transferrign title? The obvious solution is to contact a real estate lawyer to draft the proper documents.
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