Legal Question in Real Estate Law in Georgia

What to do with the house

I purchased a home 2 years ago with what was at the time a significant other, this person is not on the mortgage but is on the title of the house.

What rights, if any, does this person have to the house?


Asked on 4/25/00, 3:47 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: What to do with the house

Bummer. You have a significant title problem under Georgia law. The Significant Other (SO) now has, say, 50% legal title to the house but has no duty to pay the mortgage -- Not a very good deal for the person on the mortgage.

You need to work this out without litigation. If you are forced into litigation, your outcome will be expensive and not too good. If you have to use force to remove the SO from the legal title, you are left with either: 1) an action to partition the property, or 2) a equitable accounting action and quiet title action.

Both of these types of suits are explained at length on our website at:

http://www.woodandmeredith.com

If you have any further questions, email us directly off the web site.

Hugh Wood

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Answered on 6/05/00, 3:31 pm


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