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How do you use a quit claim deed for a Georgia divorce?
In this article, you’ll learn about:
Let’s dig in.
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.
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.
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:
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.
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:
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:
Georgia quit claim deed requirements (per Ga. Code § 44-5-30) are:
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:
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:
These are the most common questions we get about a quit claim deed for a Georgia 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:
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.
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.
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:
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:
We can provide you with that.