Legal Question in Real Estate Law in Georgia

property division

My ex-significant other and I split up 3 years ago (he doesn't live with me and I only recently was able to obtain his phone number). We have 2 children together. He hasn't seen them since we broke up. We jointly own a home which he has not paid a dime on in 3 yrs. I have an interest only loan which has recalculated every 6 months. He wants me out of the home and refuses to sign a quit claim deed. He only recenlty starting paying child support and is in arrears for several thousand dollars. My credit is shot due to the swings in my mortgage although I can now afford it. What can I do to get him off the deed and out of my life for good? He has demonstrated that he has no interest in the kids (13 and 10). I don't want to partition because I will not be able to obtain a mortgage due to my credit record.


Asked on 2/04/09, 7:28 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: property division

You did not define "significant other," which makes it difficult to give you a response. If it is not your husband, the bottom line is you two need to reach an agreement. You can't just "get him off the deed" when presumably he has as much legal right to the property as you, and his credit is also getting shot for the same reason as yours. Signing a quit claim deed does not get either of you off the loan, so it would be a poor decision for him to give you the property and still be on a loan (the same goes for you). The best result is often to simply sell it, or wait until the market is better and sell, to get both of you out of what was probably a mistake to begin with.

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Answered on 2/04/09, 7:44 pm


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