Legal Question in Real Estate Law in Georgia

Quit Claim

I've been divorced for 2 years. I gave my ex the property we owned in Georgia in the divorce. I don't remember signing a Quit Claim Deed. I want to get my name off the Mortgage and everyone says all I need is a Quit Claim Deed, but I've read online that this does not release you from the mortgage. Is this true? If so, what is the best way to accomplish this without refinancing? I don't know that he would or could do this.


Asked on 2/20/02, 7:55 am

1 Answer from Attorneys
Jay Pollak The Pollak Law Firm, LLC

Re: Quit Claim

A quit claim deed will remove you from the title to the real estate but it will NOT remove you from the mortgage. You probably should have given him a quit claim deed at the time the divorce decree was entered by the court. As to the mortgage either he must pay off the mortgage, refinance or the mortgagee must agree to release you from the mortgage. The latter event is unlikely unless the value of the real estate is substantially more than the debt still owed. And even then they probably would not agree.

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Answered on 2/20/02, 8:03 am


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