Legal Question in Real Estate Law in Georgia
Quit claim deed
About two years ago my daughter purchased a single family home with her fiancee. After about a year of living together they went separate ways. The ex fiancee moved out and my daughter kept the home. My daughter made the down payment on the home (with a gift of $10,000. from me). While they lived together the two split living expenses and home improvements. For the past year my daughter has made all payments on the mortgage and paid all bills for the home. the one thing she has not done was to have his name removed from the deed to the property. I've been after her to do this since the break up. The question is: What does she need to do? I read about quit claim deeds. Is this waht she needs to do. If yes how does she get started. If she doesn't do anything what are the ramifications. Thanking you in advance. Kevin.
2 Answers from Attorneys
Re: Quit claim deed
She cannot "have his name remove" from the deed. He does that. He is a co-owner of the property (presumably for one half the interest). She needs to contact him and make a deal. Perhaps he will be happy to leave it behind and sign a deed for his interest, but he may also expect half of the appreciation over the two years. Is he on the loan? If so, your daughter will need to refinance, or they need to sell it. In short, it starts with contacting the former fiance. If she does nothing, she will not be able to sell or refinance and every year that goes by is a year of increased appreciation in value for him. As a last resort, she can file a lawsuit to compel a sale (a partition is likely not feasible). On a side note, buying a house with someone who is not a spouse is rarely a good idea, for reasons described here. This very problem comes up time and time again. Good luck.
Re: Quit claim deed
A quitclaim deed will only, at best, put the property in your daughter's name. At worst, it may trigger a "due on sale" clause in the mortgage. It will not remove him from the loan. You should consult with a local attorney to have all the documents reviewed.
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