Legal Question in Real Estate Law in Georgia

My divorce order states that my house must be sold and the proceeds divided between my ex-husband and myself. If I file a quitclaim deed (for the purpose of buying another home through a special organization, NACA), will I still be entitled to my half of the proceeds from the sell of the house if this is stated in the quitclaim?


Asked on 2/16/10, 8:28 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You are entitled to the proceeds based on a Court Order. A Quit Claim Deed transfers an interest in property - other language (in most cases) is either meaningless, or makes the Deed invalid to begin with. Transferring your interest in the house is a good way to lose much of your leverage in getting proceeds at the sale.

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Answered on 2/21/10, 8:50 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

That sounds like a completely foolish thing to do, as you lose your leverage to enforce the settlement. You might also be committing criminal fraud in your new home purchase. None of us have read your divorce papers, so there's no way to really tell you more here. The lawyer who handled your divorce should be familiar with your papers and I'd suggest you call him.

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Answered on 2/21/10, 11:57 am


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