Acworth, GA asked in Divorce and Family Law for Georgia

Q: My wife and are are getting divorced she has already expressed her intent to move to Florida soon she wants to give heb

She wants to sign over the house to her daughter can she do this we are both on the deed

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2 Lawyer Answers
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: No, she can not transfer the title to the home to a third party absent your consent if you are both on the deed. Once your divorce is filed, a standing order issues in most counties which will prohibit any transfers of property until the divorce is final.

Alake Colwell Furlow
Alake Colwell Furlow
Answered
  • Dacula, GA
  • Licensed in Georgia

A: Prior to the filing of divorce there is nothing to stop either party from distributing assets that could be considered marital property. If you want to stop the sale, transfer, or destruction of any property, I would advise you to hire an attorney and file for divorce. But to your question, if property is in the name of both spouses, she cannot transfer ownership without your consent. It is other things she might try and sell or dispose of, until a divorce is filed, and she is then prohibited from doing so.

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