Marietta, GA asked in Real Estate Law and Divorce for Georgia

Q: In 2017, I purchased a house with my now ex-wife. Since the divorce, she has removed my name from the deed but I’m still

Listed as a co-signer on the loan. Does she need my signature to sell or rent the house?

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2 Lawyer Answers

A: Maybe. If she sells the home for enough to payoff the loan, she likely will not need your signature.

But, if she sells the home for less than the loan payoff, (a “short sale”) she will likely need your signature.

James Clifton
James Clifton
  • Fayetteville, GA
  • Licensed in Georgia

A: No, only the people named on title have the authority to sell or lease the property. With your name still being on the loan, you have liability for payment of the mortgage without ownership of the house. Your divorce decree should outline this, as well as the obligations of the parties moving forward. In the event of a short sale, you may be required to sign off on the paperwork authorizing the mortgage holder to receive less than the entire amount of the loan payoff as full satisfaction of the loan.

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