Legal Question in Real Estate Law in Georgia
Omitting name from warranty deed
My first husband and I had a house in both of our names. When we were divorced I had possesion of the house, but left the property in both names in case something were to happen to me. That way, my exhusband could move back in and avoid our children being up-rooted. After the divorce, my exhusband was killed in an accident. It has been 8 years since his death and I have not removed his name from the warranty deed. It has been removed from my mortgage. Each year I continue to get the tax accessments in both names.
Can someone please tell me how to go about removing his name from the property and what legal forms I should use.
Thank You, Cindy
1 Answer from Attorneys
Re: Omitting name from warranty deed
It sounds like a simple process to remove your ex-spouse from the deed, but unfortunately it may not be. It the property was titled as a "joint tenancy with right of survivorship" then the property vested in you upon his death. However, if the property was titled as tenants in common, then you will need to probate his Will, or file a petition for administration in the probate court to take care of the distribution of the property he owned at the time of his death (your house). Since you have children and were divorced, they may have inherited your husbands "half" of the house, if you were tenants in common. Their ages may depend on what steps you take. The first step is to look at the warranty deed that you received when you purchased your house and see how you took title. If you have a settlement agreement that gives you the house that might complicate matters a little more.
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