Legal Question in Family Law in Georgia
My husband and I will be having an uncontested divorce. Our daughter is 21. We have agreed on the disposition of all personal property. I am to give him a certain amount of money coming from in inheritance in December, and in turn, he is leaving me the house. Can we just do the divorce papers online from our county? What do we need to do to get the house in my name only and have our HELOC split in half and put half in each of our names? Do we need to hire an attorney for this?
2 Answers from Attorneys
If you have to ask these questions, yes you need a lawyer. Further, home loans (and other loans) are not "split in half." Creditors are not bound by your agreements or divorce orders. If one person is to get the house, that person needs to refinance in his/her own name. Otherwise, the other person remains liable for the debt, missed payments, poor credit entries, etc.
It would be smart to have a lawyer draw things up. The online paperwork is woefully inadequate to transfer property or divide an inheritance. In most counties the legal fees are far less than you think, and I'd suggest calling me or someone to discuss the costs of doing it right. A small mistake in drafting as to real estate and the inheritance could be very costly.
In some cases to hold down costs you might get by with having a lawyer draft papers that you file pro se, if your budget is limited.
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