Legal Question in Real Estate Law in Georgia
My brother and his wife divorced about three years ago. They have been trying to sell a house that is jointly financed in their name. She is going to move back into the house and assume ownership of the house. I told him that he should not sign a quit claim deed until he is sure that the debt is entirely in his name. He thinks that he has to sign the quit claim before she can do any assumption of the loan. Please advise. They were divorced in Georgia. The divorce decree does not state that he is to sign a quit claim deed to her.
Also, if they were to do an agreement to modify the divorce regarding her living in the home now does it have to be filed in the Court?
2 Answers from Attorneys
She can refinance and take title at the same time. He needs a lawyer to advise him on these matters.
In Georgia, there are 3 players or interested parties in a divorce -- the husband, the wife, and the State. At the time of divorce, the Court likely issued a final divorce decree which set forth the terms of divorce, distribution of assets, child custody arrangements, alimony, etc. The parties may not deviate from the divorce decree without first obtaining the approval of the Court. Your brother and his ex-wife should consult a Georgia family law attorney in their community to discuss the specifics of the case prior to executing a deed.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******
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