Legal Question in Real Estate Law in Georgia

Real Estate sale

Just sold a piece of property in Columbia County GA. My former husband quit clamied it to me in 2004 as a settlement. The closing attorney for buyers said the quit claim had too many errors and held back 18,000 in judgments plus interest for his client upon closing. he said the property was legally still owned by me and my husband even though it was recorded and acknowledged by the County in 04 as mine. The debts are my husbands alone but ow it's incumbant upon me to pay them if he doesn't. I have 2 questions: In the state of GA what happens with joint assets? Can they attach if jointly owned? What about the county validating the quit deed, if they accepted it and recorded it how can the judgments be valid against my property, is the county responsible for the error if in fact there is one? The intent is clear, the property has been on the records as mine for 3 years, why would the judgements against him effect my claim to ownership of the proceeds of the sale.


Asked on 6/15/07, 1:44 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Real Estate sale

We do not have the deed and other relevant documents, or know what the errors may be. Further, the county does not "validate" the deed. They record what is given to them - they don't make any determination as to validity. You need to retain a real estate lawyer who can review the record to get a meaningful opinion.

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Answered on 6/15/07, 1:58 pm
Robert Thompson J. Robert Thompson Attorney

Re: Real Estate sale

IN addition to Mr. Riddle's answer, the closing attorney's statement that the property is still owned by you and your husband would be true only if the deed were invalid for some reason. The fact that it is recorded does not make it valid, and the county has no responsibility for recording an invalid instrument.

Even if the deed is valid, any judgment or lien against your husband which predated the recording of the deed would be a lien against the property--judgments and liens against one owner of a property are valid as against the property.

I will repeat Mr. Riddle's advice--turn the matter over to a real estate attorney to learn where you stand. I will add that you may wish to consult a divorce attorney, if your husband was obligated to give you the property free of liens.

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Answered on 6/15/07, 4:45 pm


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