Legal Question in Real Estate Law in Georgia
my house is in my husband's name. we want to change the deed to be in both our names. what is the proper form to use in dekald county ga? thank you
2 Answers from Attorneys
Typically, it is done via a quitclaim deed. However, if there is a mortgage on the property, such transfer may be a violation of the loan agreement and cause an acceleration of the loan.
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A quitclaim deed with appropriate added gift language can do it. However, this is NOT a do it yourself project. First of all, a minor error on a form can cloud the title making the property unmarketable down the road. Second, you may be in violation of your deed to secure debt and a consequence could be acceleration of your loan and possible foreclosure. Third, there may be tax, bankruptcy and other reasons not to do it. So spend the small cost takes to see a lawyer and determine if you should do it, and if you do, how to word it (joint tenancy vs. tenancy in common).