Legal Question in Real Estate Law in Georgia
I financed my house in 2007 but put my ex's name on the title with mine. He has been out of the home for 1 1/2 years & has not continued with any financial assistance. I recently had the loan modified & there is currently no equity in the home. I had an attorney draw up a warrenty deed & have given it to him on more than one occasion. I also issued a certified letter (signed/return receipt requested) to his last known address a couple weeks ago, but the letter is undeliverable because he is not there. What specific form do I need to file with the courts? & what do I do If I cant locate him?
2 Answers from Attorneys
"Form" for what? File in what court action? You don't provide any facts to support any requirement on his part to do anything, whether it is sign the deed or assist in a refinance. If he is a co-owner he has just as much interest in the property as you. He is probably willing to consider an offer to buy him out, as most people would be. You can discuss with the lawyer a partition action to divide the property, but that generally cost many thousands of dollars and you could buy his interest for less, most likely. Otherwise, this is part of the decision to transfer half interest in the property to someone else.
There is NO form.
Unless you resolved this issue in a divorce, and if you did not you found out why forms and pro se cases are mistakes, you and he jointly own the home. He might consider an offer to buy his half, but he doesn't have to.
Your other choice, and that will cost many thousands of dollars, is to file a partition case, force a sale, and split the proceeds 50-50.
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