Columbia, SC asked in Real Estate Law for Georgia

Q: Trying to take my name off a home that my ex wife was supposed to refinance and do years ago. Deed is in her name.

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1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
  • Lawrenceville, GA
  • Licensed in Georgia

A: PLEASE NOTE THAT I AM A GEORGIA ATTORNEY. THIS RESPONSE ADDRESSES THE ISSUE ONLY IN THE CONTEXT OF GEORGIA LAW. IF THE ISSUE INVOLVES LAW FROM OTHER STATES, PLEASE CONTACT AN ATTORNEY IN THAT SPECIFIC STATE. Okay. First, unless your name is actually on the deed you won't need to do anything. If it is on the deed (I repeat IF) then you can execute a quitclaim deed, record it on the county deed records at the courthouse, and be sure to give her a certified copy of it. The best way (as in being sure to do it this way) to give her the certified copy is to send the copy via CERTIFIED MAIL - RETURN RECEIPT REQUESTED through the Post Office. You must do every step I just mentioned.

NOW, note that you may not HAVE to do any of this. You would only be concerned if your name is on the actual deed to the land. If you do have an interest in the land and you do nothing, you would likely be fine UNLESS someone was injured on the land. If your ex refinanced the loan, then more than likely you never were on the deed if the lender did not require a quitclaim deed from you AT THE TIME OF HER REFINANCE. If you were, then the lender would have required a quitclaim deed from you then. The best thing you can do is meet with an attorney before doing anything to be certain that my information is actually applicable to your situation.

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