How To Add A Name To A Deed In Georgia

Trying to figure out how to add a name to a deed in Georgia?

In this article, you’ll learn about:

how to add a name to a deed
what the legal requirements are
things to look out for
how much it costs
reasons you can add a name to a deed
if you need a lawyer

Keep scrolling to learn more.

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How To Add A Name To A Deed In Georgia

To add a name to a deed in Georgia:

Obtain a blank deed form from an office supply store or online.
Fill out the deed form with the current property information.
Include the name you want to add as a new owner.
Sign and date the deed in front of a notary public.
Take the notarized deed to the county clerk’s office.
Pay the recording fee to officially record the deed.
The new owner’s name is now added to the property deed.

That’s a simplified version of what you’ll need to do.

But there are some nuances that you will need to know about.

Here are other things to know when adding a name to a deed in Georgia:

Legal Description: You need the property’s precise boundary description, typically found in the existing deed or county records.
Ownership Percentage: Specify how much each co-owner will own.
Gift or Sale: Ensure compliance with tax laws for gifts or sales. Use gift affidavits or sales contracts when necessary.
Joint Tenancy or Tenancy in Common: Choose between equal ownership with survivorship rights (joint tenancy) or distinct shares (tenancy in common).
Title Search: Check for property liens, encumbrances, or claims with a title search.
Consult an Attorney: While not mandatory, estate lawyers can ensure accuracy and address complexities.
Recording Time: Quickly record the deed with the county clerk to make it official.
Transfer Taxes: Be aware of any transfer taxes or fees.
Homestead Exemptions: Modifying the deed could affect property tax exemption, resulting in changes to the amount of property taxes you owe.
Mortgage Impact: If there’s an existing mortgage, consult your lender to avoid potential complications or the triggering of due-on-sale clauses.

What Are The Requirements For A Deed In Georgia?

To add a name to a deed in Georgia, you have to meet the requirements.

The requirements for a deed in Georgia are:

In Writing: It must be in writing to be legally valid.
Grantor’s Signature: The person selling or transferring the property (grantor) must sign the deed.
Grantee’s Name: The person receiving the property (grantee) must be named.
Property Description: The deed must describe the property clearly and accurately.
Notarization: The grantor’s signature must be notarized.
Recording: File the deed with the county clerk’s office for it to be official.
Consideration: The deed should state any payment or exchange for the property.

What To Consider When Adding Someone To A Deed With A Mortgage

Adding someone to a deed when you have a mortgage can get messy.

Here are things to look out for or research when you add a name to a deed.

(Fill out the form on this page to have an attorney guide you through these complexities.)

Lender Approval: Get approval from your mortgage lender before making changes.
Loan Responsibility: Understand that adding someone to the deed doesn’t necessarily make them responsible for the mortgage.
Due-on-Sale Clause: Be aware that some mortgages have a due-on-sale clause that could be triggered by the change.
Credit Implications: Adding a person’s name might impact their credit and financial situation.
Ownership Percentage: Clarify ownership percentages, especially if they differ from the mortgage payment division.
Legal Assistance: Consider consulting an attorney for guidance on the legal process and implications.
Recording: Officially record the deed change with the county to make it legally binding.
Insurance: Review homeowners’ insurance policies to ensure proper coverage.
Tax Implications: Be aware of any potential tax consequences, which may vary based on your specific situation.
Communication: Keep open communication with all parties involved to avoid misunderstandings.

How Much Does It Cost To Add A Name To A Deed?

Adding a name to a deed costs $750 – $1,500 for a normal property.

Some of the costs to add a name to a deed are:

Recording Fee: Typically around $50 to officially record the deed with the county clerk.
Notary Fee: Generally $50 for notarizing signatures on the deed.
Legal Fees: If you hire an attorney, fees can range from a few hundred to a few thousand dollars, depending on complexity.
Transfer Taxes: Some areas may impose transfer taxes, usually based on the property’s value.
Title Search: Costs vary but can be around $100 to check for property liens or claims.
Document Preparation: If you use an attorney, expect document preparation fees, often a few hundred dollars.

Reasons To Add Someone To A Deed

There are several reasons you’d want to add someone to a deed, such as:

Ownership Change: To share ownership of property.
Estate Planning: To pass on property after death.
Financing: For mortgage or loan approval.
Tax Benefits: To benefit from tax advantages.
Avoid Probate: To simplify inheritance.
Co-Residence: When living together in a property.
Protection: To secure property rights.

Do I Need A Lawyer To Add A Name To A Deed?

No, you don’t need a lawyer to add a name to a deed in most cases.

You can use a DIY deed form and follow the steps we discussed earlier.

However, consulting a lawyer can be wise for complex situations or legal advice.

It’s your choice based on your specific needs and comfort with the process.

FAQs About How To Add A Name To A Deed In Georgia

Here are other questions clients ask us about adding names to a deed.

What Happens To A Jointly Owned Property If One Owner Dies In Georgia?

If one owner of a jointly owned property in Georgia dies:

Joint Tenancy: If it’s a joint tenancy with the right of survivorship, the surviving owner automatically becomes the sole owner.
Tenancy in Common: If it’s a tenancy in common, the deceased owner’s share goes to their estate, not the surviving owner.
Probate: The deceased owner’s share may go through probate to determine the rightful heir or beneficiary.
Estate Planning: Proper estate planning can avoid complications and specify what happens to the property after one owner’s death.

What Happens If My Husband Dies And My Name Is Not On The House?

Let’s say your husband passes away, and your name is not on the house.

You may need to navigate the legal process of probate to determine how the house and other assets are distributed.

The outcome depends on whether there’s a will or not.

If there’s a will, it will guide the distribution; if not, state laws will apply.

In some cases, you may inherit the house.

But this varies depending on the circumstances and any existing will.

If you need help figuring this out, fill out the form on this page to talk to an attorney.

What Are My Rights If My Name Is Not On A Deed But Married?

If you’re married but your name isn’t on a property deed, your rights depend on various factors:

Marital Property: Property acquired during the marriage is usually considered marital property, regardless of deed names. Both spouses have a claim to it during divorce or separation.
Separate Property: Property obtained before marriage or as a gift or inheritance is typically separate. The deed holder usually keeps full ownership in Georgia, and it’s not divided in divorce.
Contributions: If you contributed financially to the property during marriage, you may have a claim to a share. Courts in Georgia consider your financial input in property division.
Marital Agreements: Prenuptial or postnuptial agreements dictate property division terms.

Does A House Automatically Go To The Spouse After Death?

In Georgia, a house doesn’t automatically go to the surviving spouse when one spouse passes away.

What happens depends on factors like:

Ownership: If the house is jointly owned with “rights of survivorship,” it goes directly to the surviving spouse.
Will: If there’s a valid will, it determines how the house is distributed, and the surviving spouse may inherit it based on the will’s instructions.
No Will (Intestate): Without a will, Georgia’s laws decide how property is distributed among surviving family members, including the spouse.
Probate: Sometimes, the house and assets go through probate, where the court oversees the distribution of the deceased person’s property.
Deed and Beneficiary Designations: How the house is deeded and any beneficiary designations can also affect its transfer after death.

Add A Name To A Deed Today

If you want to add a name to a deed, fill out the form below.

At The Hive Law, we understand the importance of:

protecting your hard-earned assets
ensuring your family’s future
not losing everything to creditors and lawsuits
properly (and legally) distributing assets

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our estate lawyers.

Benefits of our deed services:

Tailored solutions to fit your unique needs and goals
Expert guidance in navigating complex tax and legal matters
Preservation of your wealth for future generations
Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate estate planning strategies:

Creditors seizing your assets
Lawsuits jeopardizing your family’s financial security
Family disputes over inheritance
Costly and time-consuming probate processes

Talk soon.

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

How To Add A Name To A Deed In Georgia

Table of Contents

The Hive Law Has Been Featured In

Get A FREE Consultation!

How To Add A Name To A Deed In Georgia

What Are The Requirements For A Deed In Georgia?

What To Consider When Adding Someone To A Deed With A Mortgage

How Much Does It Cost To Add A Name To A Deed?

Reasons To Add Someone To A Deed

Do I Need A Lawyer To Add A Name To A Deed?

FAQs About How To Add A Name To A Deed In Georgia

What Happens To A Jointly Owned Property If One Owner Dies In Georgia?

What Happens If My Husband Dies And My Name Is Not On The House?

What Are My Rights If My Name Is Not On A Deed But Married?

Does A House Automatically Go To The Spouse After Death?

Add A Name To A Deed Today

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