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Quit Claim Deed For A Georgia Divorce: 3 Things You Need To Know

Quit Claim Deed For A Georgia Divorce - Georgia Quit Claim Deed Divorce

How do you use a quit claim deed for a Georgia divorce? 

In this article, you’ll learn about: 

  • advantages and disadvantages of using a QCD in divorce
  • how a quit claim deed works during a divorce in Georgia
  • the requirements for a QCD
  • what to do if your ex won’t sign the QCD
  • how to remove a name from a deed during a Georgia divorce
  • who pays for the mortgage after signing the QCD

Let’s dig in. 

Table of Contents

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What Is A Quitclaim Deed For A Georgia Divorce?

A quitclaim deed is used in a divorce to transfer one spouse’s ownership rights to the other spouse. 

The spouse giving up their rights is the grantor

The spouse taking over the property is the grantee

The grantor is “quitting” their claim to the property. 

A quitclaim deed quickly and easily settles property disputes during a divorce

But, the QCD doesn’t give any guarantees or warranties about the property’s title or condition. 

It helps divide the property between the spouses as they separate their lives and assets.

Advantages Of A Quit Claim Deed In A Divorce In Georgia

A QCD in a divorce provides a quick and simple way to transfer property ownership. 

The spouse giving up their rights can easily sign over their ownership to the other spouse.

This helps to simplify the process of dividing assets during the divorce. 

This can:

  • save time
  • reduce legal complications
  • help both parties move forward with their separate lives more efficiently

Disadvantages Of A Quit Claim Deed In A Divorce In Georgia

A quitclaim deed doesn’t provide any guarantees or warranties about the property’s title or condition. 

This means that the spouse receiving the property might face unexpected issues.

These could be things like:

  • unpaid taxes
  • liens
  • legal claims on the property

A QCD does not automatically remove your responsibility for any existing mortgage on the property.

So, both spouses could still be responsible for the loan even after the property transfer.

To remove a spouse from the mortgage, the loan has to get refinanced. 

But sometimes the one spouse can’t qualify for a loan by themselves. 

So, they won’t be able to refinance. 

And both parties will have to remain on the loan.

Equitable Distribution And Quit Claim Deeds For Georgia Divorces

In Georgia, property division during a divorce follows the “equitable distribution.” 

This means that marital property is divided fairly between the spouses

But that does not mean the property gets split equally, or 50/50.

Marital property is assets acquired during the marriage. 

The court considers factors like:

  • each spouse’s income
  • contributions to the marriage
  • future needs when deciding how to divide the property

A QCD transfers the ownership of the real estate from one spouse to the other. 

It’s a simple and fast way for one spouse to give up their rights to property.

And this allows the other spouse to become the sole owner

This can help the couple:

  • settle property disputes 
  • distribute their assets per the court orders or their mutual agreement

Georgia Quit Claim Deed Requirements

Georgia quit claim deed requirements (per Ga. Code § 44-5-30) are:

  • Names Of Grantor And Grantee: The quitclaim deed must clearly state the names of the person giving up their ownership rights (the grantor) and the person receiving the property (the grantee).
  • Legal Description Of The Property: The deed should include a detailed and accurate description of the property being transferred, typically found on the original deed or in property tax records.
  • Signature Of The Grantor: The person giving up their ownership rights (the grantor) must sign the quitclaim deed to make it valid.
  • One Witness: One witness must be present to witness the grantor’s signature on the quitclaim deed. They will also be required to sign the deed, depending on local requirements.
  • Notarization: The grantor’s signature needs to be witnessed and verified by a notary public, who will then sign and stamp the quitclaim deed with their official seal.
  • Filing With The Appropriate County Land Records Office: Once the quitclaim deed is signed and notarized, it must be filed with the land records office or county recorder’s office in the county where the property is located.

What To Do If Your Ex Refuses To Sign A Quit Claim Deed?

You’re signing a quit claim deed for a Georgia divorce

These are usually sticky situations where it’s tough to get your ex to sign. 

Here is what to do if your ex refuses to sign a quit claim deed for divorce:

  • Communicate With Your Ex: Try discussing the issue with your ex-spouse to understand their concerns or objections. It’s possible that they may have misunderstandings or fears that can be addressed through open communication.
  • Review The Divorce Decree: Ensure that the divorce decree or property settlement agreement clearly states the requirement for your ex-spouse to sign the quitclaim deed. If the language is ambiguous or unclear, you may need to return to court to seek clarification or modification.
  • Consult With An Attorney: Speak to our attorneys to understand your legal options and the best course of action. Our estate attorneys can help you navigate the legal process and protect your interests.
  • Mediation: If you and your ex-spouse cannot resolve the issue amicably, consider using mediation services to help you reach an agreement. A professional mediator can facilitate discussions between both parties and assist in finding a mutually acceptable solution.
  • File A Motion To Enforce: If all attempts to resolve the issue fail, you may need to file a motion to enforce the divorce decree or property settlement agreement in court. This motion asks the court to order your ex-spouse to comply with the terms of the agreement and sign the quitclaim deed. The judge may impose penalties or sanctions on your ex-spouse if they continue to refuse.
  • Contempt Of Court: If your ex-spouse still refuses to sign the quitclaim deed after the court has ordered them to do so, they may be held in contempt of court. This could lead to additional legal consequences, such as fines or even jail time, depending on the severity of the situation.

How To Remove A Name From A Deed After Divorce In Georgia

When you get a divorce, you need to remove a name from the deed. 

Here are the steps to remove a name from a deed after a divorce in Georgia:

  1. Review The Divorce Decree Or Property Settlement Agreement: This document should specify how the property is to be divided and who will retain ownership. Make sure the terms are clear and that both parties agree to the transfer of the property.
  2. Choose The Appropriate Deed: Depending on the specific situation, you may use a quitclaim deed, a warranty deed, or another type of deed to transfer the property. Fill out the form on this page and we can determine the most suitable type of deed for your situation.
  3. Prepare The New Deed: The new deed should contain all the required information, such as the names of the grantor (the person transferring their interest in the property) and the grantee (the person receiving the interest), a legal description of the property, and the date of the transfer. We will ensure all details are accurate to avoid complications.
  4. Sign The Deed: The grantor should sign the deed in the presence of a notary public and two witnesses in Georgia. We make sure you are complying with all local requirements.
  5. Notarize The Deed: We will verify the identities of the signing parties, witness the signing, and notarize the deed by affixing our seal and signature.
  6. Record The Deed: We will submit the signed and notarized deed to the appropriate county recorder’s office for recording. There will be recording fees associated with this process.
  7. Notify The Mortgage Lender: If there is an existing mortgage on the property, you will need to notify the lender of the change in ownership. Keep in mind that transferring ownership through a deed does not automatically remove the grantor’s responsibility for the mortgage. The grantee may need to refinance the mortgage in their name only. Otherwise, the lender may need to approve the release of the grantor from the mortgage obligation.
  8. Consider The Tax Implications: There may be tax consequences associated with the transfer of property during a divorce. Consult a tax professional to understand the potential impact on your taxes and plan accordingly.
  9. Update Other Relevant Documents: You’ll need to update your homeowner’s insurance by calling and having them change it over. We will update your estate planning documents for you to reflect the change in property ownership.

FAQs About A Quit Claim Deed For A Georgia Divorce

These are the most common questions we get about a quit claim deed for a Georgia divorce. 

Can You Remove A Spouse From The Deed Without Divorce?

Yes, it is possible to remove a spouse from a property deed without a divorce. 

Both parties must mutually agree to the transfer of property ownership. 

A quitclaim deed or another suitable type of deed can be used for this purpose.

To remove a spouse from the deed without a divorce, you will:

  1. Reach a mutual agreement on property transfer terms.
  2. Determine the appropriate type of deed with a real estate attorney or professional.
  3. Accurately prepare the new deed with the required details.
  4. Sign the deed in front of a notary public and witnesses (if required).
  5. Notarize the deed with the notary public’s seal and signature.
  6. Record the deed with the appropriate county office.
  7. Notify the mortgage lender and address any mortgage obligations.

Does A Spouse Have The Right To Property After Signing A Quit Claim Deed?

No, spouses lose their rights to the property after they sign a quit claim deed. 

The quitclaim deed transfers their ownership interest to the other spouse. 

But signing a QCD does not remove your responsibility for any existing mortgage. 

Both spouses might still be liable for the mortgage.

Even after the quitclaim deed has been executed. 

Our attorneys can make sure you don’t have these complications.

Does A Quit Claim Deed Override A Divorce Decree?

A quitclaim deed does not override a divorce decree. 

A divorce decree is a court order that determines the rights and responsibilities of each spouse after the divorce. 

The quitclaim deed is used to transfer one spouse’s ownership rights in a property to the other spouse.

The quit claim deed must follow the terms outlined in the divorce decree.

Does A Quit Claim Deed Remove Me From The Mortgage?

No, a quitclaim deed does not remove you from the mortgage. 

A QCD only transfers your ownership interest in the property to another person.

But, it does not affect your obligations under the mortgage. 

You remain responsible for the loan payments even after signing a quitclaim deed. 

To remove your name from the mortgage:

  • the remaining borrower must refinance the loan in their name only
  • the lender must agree to release you from the mortgage obligation

Get A Quit Claim Deed For Your Divorce In Georgia

If you need a quit claim deed to split property in divorce, fill out the form on this page.

Our estate attorneys have the experience you need to eliminate complications with your property.

This way, you:

  • don’t remain on the mortgage for a property you don’t own
  • eliminate ownership of one party
  • can save money by using the easiest method to transfer property

We can provide you with that.

Talk soon.

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