Legal Question in Real Estate Law in Georgia
Remove name from deed
I purchased a house in Dec 05. In Jan 06 my ''partner'' convinced me to add his name to the deed since we had made a verbal commitment to each other. Me, much younger and gullible at the time, agreed and had his name added to the deed. The mortgage is in my name only. Now we are ending our relationship and he refuses to leave the house, refuses to sign a QuitClaim to return full ownership to me, refuses to put the house on the market with a licensed realtor. He says he would rather see me foreclosed on than give up the house. I am not sure which direction to turn. I would really like for him to just return the house to me since there is not much equity, if any, to be made off the house. I desperately need some advice. Any suggestions?
2 Answers from Attorneys
Re: Remove name from deed
You should consult with an attorney to review all the facts surrounding the transaction. You might, e.g., have grounds to set the deed aside if there was fraud involved. You can also file a Petition to Partition.
Re: Remove name from deed
We don't have the documents, but when someone "adds someone to the deed," it really means they transferred an ownership interest in the property to themselves and the other person. Generally, that will mean the other person is an equal owner and has an equal voice in the disposition. For the reasons you state, it is usually a mistake outside of a marriage, or a well-documented business venture. You can file a suit to partition (or sell, in this case), but that is an expensive process that may take months. You can have a lawyer threaten such an action, but it sounds like the other person has little to lose in making you go to the expense. The best option for most domestic, family or neighbor issues - do everything possible to work it out.
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