Legal Question in Family Law in Georgia

Ga quick claim deed

I am a disabled women seeking a separation from my husband. When purchasing our current home/land early 2007, I needed to include my name on the mortgage loan because my husband's credit was bad. I now wish to remove my name from the house/land, because I can't afford the payments, and I wish to move to a more physically accessible location with our 3 year old. Can I make this legally binding in the state of Ga? How much & how long does this take? Does it matter what my husbands current financial statues is, and what is his responsibilities?


Asked on 9/15/08, 11:29 am

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Ga quick claim deed

You cannot "remove your name" from a mortgage debt without the lender's consent unless the loan is paid or refinanced. They virtually never consent in any case, especially where they would be left to collect from someone with poor credit. If you sign a quit claim deed (not "quick claim") then you likely are giving away your ownership interest while still liable for the entire debt. See a lawyer.

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Answered on 9/15/08, 11:35 am


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