Legal Question in Real Estate Law in Georgia

My grandparents owned property as JTWROS. This property was also their homestead. In 2007, my grandfather decided to sell the property while my grandmother was sick in the hospital. He conveyed the property with a warranty with his sole name and signature, and without her permission. I understand that in GA a spouse can convey their interest without the permission of the other spouse, correct? But, I've also read that this is a void sell if the property is the homestead and only one spouse signed off on it. I, also, did a title search on the property and discovered a warranty deed that my grandmother supposedly signed with her sole name and signature to convey the property in May 2007. She said that she didn't sign it, and it does appear to be forged. My question at this point is is this a legal way to sell the property? Can 2 seperate warranty deeds with sole signatures executed 3 mothes apart be a legal way for married couples to convey their homestead property? Or, do they have to sign the same warranty deed at the same time?


Asked on 5/14/12, 8:47 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Each party can sell their half on two separate dates via two deeds.

There are two possibilities here. Either your grandmother lied to you. Or she is the victim of criminal fraud. If the latter is true, she needs to (1) call the police and get the perpetrators arrested and (2) hire a lawyer to void the deed and quiet title. At that point she will own her 1/2 again.

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Answered on 5/14/12, 9:38 pm


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