Woodstock, GA asked in Real Estate Law for Georgia

Q: Does adding someone to a deed with no financial investment or obligation give rights to the equity at the time of sell?

We were never married and broke 2 years ago.

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2 Lawyer Answers
Anthony M. Avery
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Answered

A: If someone owns some type of estate such as a tenant in common, joint tenant with right of survivorship, etc, then they are an owner of the real property entitled to payment for their conveyance of the same. If one party has paid for everything, then he can claim reimbursement of his investment prior to dividing the remaining proceeds, but it is difficult and subject to the Court's discretion. Unless there is an agreement, a Court will have to decide disbursement. A Partition Action might be in order.

James Clifton and Peter J. Weinman agree with this answer

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

A: When two people take title to property jointly, they both own a one-half undivided interest in the whole property, unless there is a written agreement stating otherwise. The existence or lack of marriage does not change this position. Schedule a free consultation to make sure all possible offsets against a 50/50 division are discussed.

Peter J. Weinman agrees with this answer

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