Atlanta, GA asked in Real Estate Law for Georgia

Q: Does ga have a homestead law.

Can I sell a home without my wife’s consent. We both are on the deed .

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1 Lawyer Answer
James Clifton
James Clifton
  • Fayetteville, GA
  • Licensed in Georgia

A: If you are both on the deed, then you each own a one-half undivided interest in the whole property. You could only sell your one-half interest, which very few people would want to buy. If your wife doesn't agree to sell, you could force the sale through a partition action. To answer the first part of your question, Georgia's homestead laws apply only to an ad valorem property tax exemption and bankruptcy exemption. There is no law in Georgia that protects homestead rights of married couples like Florida or other similar states as it relates to ownership. Schedule a free consultation to confirm all of the details and a plan of action.

Anthony M. Avery agrees with this answer

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