Legal Question in Real Estate Law in Georgia

Re: How to show who owns it in deed book

The title searcher should easily be able to resolve this. The divorce decree should solve any title problems.

Re: How to show who owns it in deed book

You cannot rely on the existence of the divorce decree or future title searches to resolve the issue. Presumably, according to the clerk's record, two people own the property from two different chains of title -- you and your father. This is a problem. Your first problem is that it appears from the record that your mother deeded you something she didn't own to begin with. Purchasers, attorneys, and title companies rely on the recorded deeds and not unrecorded documents such as divorce decrees. If your father later sells the property to someone without notice of the divorce decree, you would be in a position of having to sue your father and the purchaser to either get the money or the property, AND the law dictates that a purchaser with no record notice of defects often gets to keep the property, thus making it solely an issue of you collecting against your father. If your father dies, his estate may claim ownership of the property, thus starting another battle. If something happens to you, and you leave it to your child, you may be leaving them these problems. If you try to sell, a purchaser and title company will want you to clear title. Bottom line - you need to fix this now, possibly in a quiet title action, to avoid future problems. For RIGHT now, if you have not done so, file the divorce decree in the county real estate records and make sure it cross references both chains of title (ie, the earlier deed TO your father and the deed to you.) Good luck with it.