What Are My Rights If My Name Is Not On A Deed In Georgia?

What Are My Rights If My Name Is Not On A Deed In Georgia - What Are My Rights If My Name Is Not On A Deed But Married In Georgia - How To Add Spouse To Deed In Georgia

What are my rights if my name is not on a deed in Georgia?

In this article, you’ll learn about: 

  • what your rights are when you’re name is not on the deed
  • what if you’re married and not on the deed
  • how to add someone to the deed
  • who gets the house in a divorce
  • is your spouse entitled to half of your property
  • what if you’re on the deed, but not the mortgage

Keep scrolling to learn more.

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What Are My Rights If My Name Is Not On A Deed In Georgia?

If your name isn’t on a property deed in Georgia, you usually don’t legally own the property. 

Your rights depend on your situation:

  • Married Couples: In Georgia, even if you’re not on the deed, during a divorce, the court may consider the property part of the marital estate and divide it fairly if it was acquired during the marriage.
  • Joint Ownership: If you’re not on the deed but have an agreement about owning part of the property, get it in writing.
  • Tenancy by Entirety: If a married couple owns the property jointly, both have equal rights, even if one isn’t on the deed.
  • Financial Contributions: If you’ve financially contributed, like paying the mortgage, taxes, or maintenance, you may have a claim. 
  • Inheritance: If you believe you have an inheritance claim, consult an estate attorney to explore your legal rights based on a will or inheritance laws in Georgia.
  • Adverse Possession: In rare cases, if you’ve openly and continuously occupied and maintained the property for many years without the owner’s permission, you might claim ownership. But this is complex and needs legal help.

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

In Georgia, when you’re married, property rights can be complex. 

Whether your name is on the deed or not, here’s what you need to know:

  • Marital Property: Property acquired during your marriage is generally considered marital property, even if only one spouse’s name is on the deed.
  • Separate Property: Property owned before the marriage or obtained separately during the marriage (like through inheritance or gifts to one spouse) is separate and may not be divided in a divorce.
  • Equitable Distribution: Georgia divides marital assets fairly, not necessarily equally, during divorce, taking into account each spouse’s contributions.
  • Agreements: Prenuptial and postnuptial agreements can impact property rights if you have one.
  • Homestead Rights: Georgia protects the primary residence (homestead) of a married couple, regardless of the name on the deed.

Read More: Can Someone Sell A House If Your Name Is On The Deed?

How To Add Spouse To A House Deed In Georgia

Adding your spouse to a house deed in Georgia involves a specific process. 

Here is how to add a spouse to a house deed:

  • Check Current Deed: Obtain a copy of your current property deed to confirm ownership details.
  • Consult an Estate Attorney: Seek legal advice from an estate attorney who can guide you through the process.
  • Choose the Deed Type: Decide on the type of deed you want to use, such as a quitclaim deed, warranty deed, or joint tenancy deed.
  • Prepare the Deed: Draft the deed, including both spouses’ names, property description, and the chosen deed type. Sign the deed in front of a notary public, who will verify your identities and signatures.
  • File the Deed: Take the notarized deed to the county clerk’s office in the county where the property is located. Pay the required filing fees. The county clerk will record the deed, making it a public record.
  • Update Property Tax Records: Contact the county tax assessor’s office to update property tax records with your spouse’s name.
  • Notify Your Mortgage Lender: Inform your mortgage lender about the change in ownership. Discuss any potential impacts on your mortgage terms.
  • Update Homeowner’s Insurance: Contact your homeowner’s insurance provider to update coverage, ensuring both spouses are protected.
  • Consider Estate Planning: Think about estate planning implications and consult an estate planning attorney if needed.
  • Monitor Deed Recording: Periodically check with the county clerk’s office to confirm that the deed has been properly recorded.

Fill out the form on this page to have an attorney handle all of this for you.

FAQs About Your Rights If Your Name Is Not On The Deed

Here are other questions clients ask us about their names not being on a deed.

Who Gets The House In A Divorce In Georgia?

Who gets the house in a divorce in Georgia depends on a few things: 

  • Equitable Distribution: The court aims for a fair distribution of marital property, but it may not be a 50/50 split.
  • Marital vs. Separate Property: Marital property, acquired during the marriage, is divided, while separate property remains with its owner.
  • Factors Considered: The court considers various factors, like each spouse’s contributions and needs, in deciding who gets the house.
  • Agreements: Prenuptial or postnuptial agreements can influence property distribution.
  • Homestead Rights: Georgia law protects the primary residence (homestead) of a married couple.
  • Court Decision: If spouses can’t agree, the court will decide who gets the house based on the circumstances.

Is My Husband Entitled To Half My House If It's In My Name?

In many cases, if you own a house in your name and get divorced, your husband may be entitled to a share of its value. 

Marital property, including real estate, is subject to division in a divorce

This is regardless of whose name is on the deed in Georgia. 

Factors like contributions, agreements, and local laws determine the division.

Read More: Am I Entitled To My Husband’s Property If He Dies And My Name Isn’t On The Deed?

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

If your name is on the deed but not the mortgage, you:

  • have ownership rights to the property
  • are responsible for property taxes and maintenance 

However, the mortgage holder has the right to foreclose if the mortgage isn’t paid.

However, you aren’t liable for the mortgage debt unless you signed the loan.

If My Name Is On The Deed Do I Own The Property?

Yes, if your name is on the deed you own the property. 

The deed will specify how much you own and the ownership type. 

These types of ownership include:

  • Sole Ownership: If only your name is on the deed, you have sole ownership.
  • Joint Tenancy with Right of Survivorship: If you own the property with someone else and the deed mentions “joint tenancy,” it typically means that if one owner passes away, the surviving owner(s) inherit the deceased owner’s share.
  • Tenants in Common: If the deed specifies “tenants in common,” it means that multiple owners each have a distinct, separate ownership interest in the property, and it may not have the right of survivorship.

Talk To An Attorney About Your Property Rights

If you want help from an estate lawyer, 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 trust fund lawyers.

Benefits of our estate 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.

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