Legal Question in Real Estate Law in Georgia
Quitclaim Deeds
I have clients in several southern states. Is it necessary to record quitclaim deeds to transfer property to the spouse or a trust.
1 Answer from Attorneys
Re: Quitclaim Deeds
There is no absolute requirement in Georgia that such deeds be recorded. However, problems may arise. See, e.g., O.C.G.A. Sec. 44-2-1 "Where and when deeds recorded; priority as to subsequent deeds taken without notice from same vendor.
Every deed conveying lands shall be recorded in the office of the clerk of the superior court of the county where the land is located. A deed may be recorded at any time; but a prior unrecorded deed loses its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed."