Legal Question in Family Law in Georgia

Re: Keeping a house in a divorce

There are no set rules regarding the distribution of the house as stated. If it goes to court, after hearing the evidence, the Judge will make the equitable division of marital property based on the principles of Georgia law. Since the wife is keeping the kids she may have an advantage, but if she cannot afford it that might give the Judge some impetus to let the Husband keep it. Signing a Quit Claim deed will give up your interest in the house but your name will still be on the note and you will still be liable in the event of default of the note. You would then have no interest or equity in the house. As a practical matter, the cleanest way to do this for both parties is to sell the house and split the equity. Both parties will likely be required to file financial affidavits for the Judge. If there is equity, the party getting the house will probably have to give the other their equity at some point in time.