Atlanta, GA asked in Domestic Violence, Family Law and Criminal Law for Georgia

Q: If I have a restraining order against my son for family violence, can I remove him from the deed of my house?

My husband and I purchased a home and was manipulated into adding my son and his children's mother to our deed. The agreement was for them to pay half of the mortgage. After adding them the the deed we have received no money for the mortgage nor bills. However, I have been abused mentally, physically, and emotionally by my son on a constant basis since adding them to the deed. On January 26, 2023 I was pushed down a flight of stairs by my son. The violence from my son is progressively getting worse over time. One March 1, 2023, the judge granted me a permanent restraining order against my son. I need to know how to get him off of the deed so that I can live in peace.

2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Lawrenceville, GA
  • Licensed in Georgia

A: You cannot remove someone from a deed unilaterally. Even if you have a restraining order. You will need to contact a civil attorney to resolve the issue. Your son has interest in the house.

Joshua Schiffer agrees with this answer

Joshua Schiffer
Joshua Schiffer
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: Regina is correct and you are going to want to retain counsel to assist you in establishing the rights you want while also mitigating the affect your Son can have on the real property.

You want to find a Family Law attorney with Real Property experience, as this is a bit more complex than the standard issue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.