Legal Question in Real Estate Law in Georgia

HELP! Quit Clain Nuisance

I bought a 4 acre lot. my name, my credit, my mortgage responsibility. Girlfriend goes to closing with me. Still solely me. Move girlfriend in after 6 months, She pays no mortgage notes, but lives there 2 1/2 years. Financial problems causes us to CONSIDER a Quit claim that adds her to the deed I, fill out forms, date,& notarize. We AGREE there is no need for quit claim. 12 months later we have a fight. She goes and files Quit Claim with the previous dated documentation I have no Idea. We have been separated now for 1year, she has not resided in this resident in that amount time. I cannot sale my property without her signature and she won't sign she wants 1/2 which I do not mind but now she dose not want me to sell what she has stolen. What DO I do To get her name off?


Asked on 6/28/04, 1:12 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: HELP! Quit Clain Nuisance

I usually don't disagree with my fellow attorneys posting here, but I disagree with Mr. Fields. When you knowingly signed a deed you transfered an interest in property. The recording does not affect that; between the two of you it was transfered the moment you signed. Recording protects against third parties. You can't seell without her unless you petition a court for partition, and then you'd split half a court ordered sale proceeds with her.

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Answered on 6/30/04, 12:01 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: HELP! Quit Clain Nuisance

If she won't voluntarily sign a quitclaim deed releasing her interest in the property, you are going to have to file a lawsuit to declare you the sole owner. You should consult with a local attorney.

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Answered on 6/28/04, 1:41 pm


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