Legal Question in Real Estate Law in Georgia

How to get ex-wife off deed

I've been married to my husband for 2 years. He and his ex-wife have (JTWRS) of the house we live in. The warranty deed and security deed were drawn up during a time when she was living with him 5 years after their divorce. After getting him to put the property in both their names, she moved out with another man 7 months later.

She has never made any monetary contributions to the property. Is my husband's only option for getting her off the deed to buy her out? Should he change his part of the ownership to tenancy in common? Can she force him to sell the property with either form of ownership? If my husband were to die right now, could she force me to leave immediately (as I'm sure she'd try to) or what would I have to do to make sure I'd have enough time to make funeral arrangements, moving arrangements, etc.? Should he change his part of the ownership to tenancy in common without her knowledge?


Asked on 11/15/05, 2:13 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: How to get ex-wife off deed

The only option I see is for him to buy her out. Your H's chaning his status will not affect her 50% ownership although he can do away with the survivorship provision. She can, in effect, force him to sell by filing a Petition for Partition. You should consult with a local attorney because you need more info than I can provide in this type of forum.

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Answered on 11/23/05, 4:07 pm


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