Legal Question in Real Estate Law in Georgia

That is a question for your.husbands lawyer. No one can possibly tell you based on your post, and it would be a horrible idea to try it without a lawyer.

The answer to your question depends on several different issues. Assuming that the property is in Georgia and all parties are in Georgia, at the very least, you will need a deed and a Form PT-61. There are also various tax related forms the parties will be required to execute. Finally, you will not be able to complete this transaction if it violates your husband and his ex-wife's divorce decree.

I strongly recommend that you consult a Georgia real estate attorney who can: (i) review the divorce decree to confirm that the transaction does not violate a Court order, (ii) prepare the documents necessary to close the transaction and actually close the deal, and (iii) file all necessary documents after the closing, including the the deed. If you would like to discuss further, please feel free to contact me.

Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.*******

Phillip's answer is incorrect as to the last sentence of paragraph one.

Step one is to get a lawyer. It is highly probable that without one you will not get this right.

There will need to be a deed and form PT-61, and probably a sales agreement to deal with her giving up an interest she has. While Phillip incorrectly states this can't be done if a court order says certain things, he is likely in error. Unless the decree says she cannot sell her stake, she can. However, the wording will have to be done by someone experienced in family law so as to fit within the parameters of that order. In other words, a cookie cutter form is NOT enough.

There may also be a gift tax form needed for federal taxes. The transaction also may have tax implications a CPA should review.

My office can handle such things, so if you want to discuss it further call me at 404-768-3509.